This is pointless Here's the thing about Gay Marriage. It's essentially a state issue (and hence not in the purview of the Supreme Court). There are only two

This is pointless Here's the thing about Gay Marriage. It's essentially a state issue (and hence not in the purview of the Supreme Court). There are only two points on which it could be challenged at a National level and those are the Equal Protection Clause (that states all citizens must be treated equally) and the Full Faith and Credit Clause (which states all states must recognize judicial decrees made by other states) But California (unlike many other states) legally specifies, in explicit language, that Civil Unions must be given all the rights and privileges of Marriages. Hence the state violates neither of the Constitutionally viable arguments. So if you REALLY wanted to mount a legit challenge to Gay Marriage bans you'd do it in a state that doesn't have Civil Unions or doesn't guarantee them equal rights.