It would appear the strategy is having a federal district court judge rule the homosexual marriage ban unconstitutional thereby removing a state’s public policy exception to the full faith and credit clause pertaining to out-of-state homosexual marriage certificates from other states.
The USSC will rule texas does not have to perform homosexual marriages but they must allow for recognition of out of state homosexual marriage.
Much the same way the remaining 8 states’ common law marriages are recognized by the other 42 and territories.