sang

You are correct.

However, I was referring to different circumstance: In cases where the issue has been determined by a state supreme court, US circuit courts of appeal have no jurisdiction unless (as in the 7 recent cases passed on by SCOTUS) there were/are Article IV, Section 1 issues (full faith and credit of equal jurisdictions.

Under American federalism, the interpretation of a state supreme court on a matter of state law is normally final and binding and must be accepted in both state and federal courts. Federal courts may overrule a state court only when there is a federal question, which is to say, a specific issue (such as consistency with the Federal Constitution) that gives rise to federal jurisdiction. Federal appellate review of state supreme court rulings on such matters may be sought by way of a petition for writ of certiorari to the Supreme Court of the United States.

In the case of Pennsylvania, where the Legislature (Assembly in this commonwealth) has codified bans on same sex marriage then signed into law by the Executive; when challenged by constituency, ruled unconstitutional by that state's supreme court. The only recourse for the Executive, would be to appeal to the US supreme court because, as mentioned, a state's constitution can not be in direct conflict with federal constitution and the multi-jurisdictional scope of US courts of appeal has no authority to rule on the constitution of one state by deciding a case upon the constitutionality of another.

Either way, the pot of gold at the end of the rainbow is at least in sight!

sang

@sang

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