Advisory opinions let legislatures test whether compromise proposals satisfy court rulings.

Evidence

The response in Massachusetts resembled those in both Vermont and Hawaii. On the one hand, the Massachusetts Senate asked the Supreme Judicial Court for an advisory opinion as to whether recognizing civil unions would satisfy the requirements of Goodridge. When the same four justices who formed the majority in Goodridge rejected this option, the Massachusetts legislature debated a constitutional amendment to overrule Goodridge but recognize civil unions. This proposal died in the legislature, so Massachusetts continued to recognize samesex marriages. — G. Alan Tarr, Judicial Process and Judicial…, 3350