Actually, SCOTUS had no choice: they come in when there is conflict between circuits, and so far, all of the delivered verdicts at the Federal Circuit level have come down FOR Gay Marriage.
The Sixth Circuit is LIKELY to come down against, but hasn’t, and until it does, there is no conflict in interpretations for the Supremes to adjudicate. . .
Didn’t the courts rule in favor of the LA law barring queer marriage?
BTTT “There is not yet a conflict in the courts to decide.”
But, logic is so much less fun than emotional rants.
There is no need for a conflict between the Circuits, for SCOTUS to step in. It can step in any time it is asked, and wants to. It has stepped in when there is no conflict between Circuits, many times.
I'm pretty sure there doesn't need to be one. If there is a conflict, they're almost obliged to take the case and resolve it, but imagine a case where only one circuit had ruled. If you lost in that case at the circuit level, would you accept that they're not going to allow you to appeal until some other circuit not only takes a similar case, but decides in the opposing direction? I'm sure there are tons of cases where SCOTUS has accepted a case absent any circuit conflict.