Steven G. Calabresi (Northwestern University – School of Law) has posted The Gay Marriage Cases and Federal Jurisdiction on SSRN. Here is the abstract:
This working paper considers whether there is a right to same sex marriage under the U.S. Constitution and whether cases that challenge state laws that ban same sex marriage are cases in laws and equity for purposes of the federal question statutes grant of jurisdiction to the Article III federal courts. The essay assumes that there is a right to same sex marriage, but it concludes that the Article III federal courts do not have jurisdiction to hear pure marital status cases because of the domestic relations exception to federal court jurisdiction.
Highly recommended.