[D. Scarlatti]

They can't appeal this decision to a federal court because there were no federal issues raised. The question here was only whether the NY statutes were in violation of the NY constitution's due process and equal protection requirements.

Sometimes suits allege violation of both state and federal constitutions; for example, many state constitutions have religion clauses, and state statutes are challenged as violating those and the 1st Amendment, as it applies to the states through the 14th Amendment.

So occasionally you'll see cases jumping from state to federal court for those - and other - reasons. But not this one.

They can initiate a new case, if they can meet federal standing requirements, challenging the state law in light of federal due process and equal protection. But I suspect that is a far more onerous hurdle, given not only the reasoning of today's decision, in that the state need only show a "rational basis" for its marriage laws, and the fact that federal courts will accord a high degree of deference to the states on the question of marriage, which really isn't a federal issue at all.