People are making this much too complicated, and are trying to pressure two of the least responsive branches of the government (Judicial and Executive), when the whole problem is completely and entirely under the control of Congress to begin with.
The Supreme Court can only hear cases on appeal from State courts, or from inferior Article III courts, to the extent that Congress permits.
Article III §2: "...the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make".
Buchanan on Our Judicial Dictatorship
“When Congress enacted the Defense of Marriage Act, Bill Quirk urged it to utilize Article III, Section 2 of the Constitution, and write in a provision stripping the Supreme Court of any right to review the act.
Congress declined, and the Court, predictably, dumped over DOMA.”
http://buchanan.org/blog/judicial-dictatorship-7010
The Marriage Protection Act
“No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, section 1738C or this section.”
The legislation passed the House by a vote of 233 to 194. The Senate referred the bill to the Senate Judiciary Committee on September 7, 2004, where it died in committee.
https://en.wikipedia.org/wiki/Marriage_Protection_Act