No U.S. Supreme Court ruling on same-sex marriage in Massachusetts.

Byline: Yvonne Abraham

Nov. 30--The US Supreme Court declined yesterday to hear a challenge to same-sex marriages in Massachusetts, dealing a second setback to a group that has been trying to put a stop to those marriages since before they began in the state on May 17.

The justices were asked to overturn the Massachusetts Supreme Judicial Court ruling legalizing same-sex marriage, on the grounds that the seven justices of the state's highest court had exceeded their authority under the US Constitution and violated the principle of separation of powers by usurping the jurisdiction of the Legislature.

The US Supreme Court declined to consider the case, without comment. Lawyers on both sides said the court's refusal to take the case is no indicator of where judges in the nation's highest court stand on the issue of same-sex marriage.

Rather, legal specialists said, it reflects the court's reluctance to wade into the matter while it is still such a fresh source of controversy nationally. It also indicates that the arguments used by the plaintiffs in this case were weak, said Eugene Volokh, a professor of law at the University of California at Los Angeles.

"There are lots of reasons the Supreme Court could refuse to hear a case," said Volokh, who specializes in constitutional law. "However, in this case, it's pretty clear: The Massachusetts Supreme Judicial Court decided that the Massachusetts Constitution mandates recognition of same-sex marriage, and the Massachusetts Constitution is the business of the Massachusetts courts. The US Supreme Court will not intervene on matters that have only to do with state law."

The court hears only about 80 of the more than 5,000 cases put before it each year.