[Cboldt]

SCOTUS can side step that. It heard and "decided" Marbury v. Madison, and denied relief on the basis that it lacked jurisdiction.

In the homo marriage case, all a court that lacks marriage jurisdiction has to do, to usurp jurisdiction, is claim that the question is a constitutional one. It hears the case to decide whether the Congressional regulation applies, and holds that it does not.

Back to square one.

[Jim Noble]

all a court that lacks marriage jurisdiction has to do, to usurp jurisdiction, is claim that the question is a constitutional one

Of course it's a Constitutional question. The Supreme Court is not granted unlimited power to hear appeals on Constitutional issues.