Supreme Court declines to rule
The Supreme Court has declined to hear challenges to the Massachusetts gay marriage ruling. The Massachusetts Supreme Court had ruled last year that gays should have an equal right to marry under state law, and this is the second time the high court has refused to intervene.
Opponents of same sex marriage had asked the court to intervene against what they call “judicial activism”, or the practice of courts ruling on which laws are constitutional. Of course, the Supreme Court considers judicial review a basic right of the courts, so you can imagine they’d be unwilling to rule otherwise. But it seems they’re not willing to go out on a limb and rule in favor of the Mass. court either.
Marbury vs. Madison: “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.” 5 U.S. 137 (1803)