by TChris

Faced with the novel argument that federal courts should protect state citizens from a state court's "tyrannical" interpretation of a state constitution, the United States Supreme Court declined to review a failed challenge to same-sex marriage in Massachusetts. The challenge, brought by the Florida-based Liberty Counsel, claimed that the Massachusetts Supreme Court violated the federal constitutional guarantee to "a Republican Form of Government" by legalizing same-sex marriage. The challenge was rejected in the First Circuit (search for "04-1621" under "Opinions").

Merita Hopkins, a city attorney in Boston, had told justices in court papers that the people who filed the suit have not shown they suffered an injury and could not bring a challenge to the Supreme Court. "Deeply felt interest in the outcome of a case does not constitute an actual injury," she said.

Massachusetts legislators may decide to put the issue before state voters in 2006.