California Supreme Court halts gay marriages pending spring hearing
I'm really not a great law student - but I'm not sure how splitting the issues here (first, did SF have the right to issues marriage licenses based on their belief that the CA ban is unconstitutional, and second, whether the law is in fact unconstitutional) helps the speedy administration of justice.
The big kids will handle the SF issue, while the larger public policy question gets punted back to the lower courts. Okay - I get it, sorta - but still - you know it's going to get back to you somehow. At that point you either take it or you don't, but you still have the final say even if its just by way of silence.