Go right ahead. It isn't going to change the fact that the constitutionality of anti gay marriage laws haven't been ruled on by the SCOTUS yet.
Can a state pass a law that violates the Constitution?
It can not.
You do realize that
Windsor being upheld on the affirmation it is state purview by SCOTUS makes it a 10th AM issue, right ?
Are your cases predicated on making gay a protected class ?
Incorrect.
The
Windsor court held that the 5th Amendment prohibits the Federal government from treating marriages differently in states that recognize same-sex couplesÂ’ equal protection rights as opposed to states that do not:
2. DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. Pp. 13–26.
UNITED STATES v. WINDSOR | Supreme Court | LII / Legal Information Institute
The 14th Amendment incorporates the Fifth Amendment to the states, meaning just as the Federal government may not enact measures placing same-sex marriages at a legislative disadvantage, so too may the states not enact measures placing same-sex couples at a similar disadvantage.
As with the rights of individuals, statesÂ’ rights are not absolute, they are also subject to appropriate restrictions, such as, in this case, prohibiting the states from enacting measures designed to make homosexuals unequal to everyone else absent a legitimate legislative end.
And the 10th Amendment in no way mitigates the authority of the Bill of Rights concerning the states, the states may not ignore, or ‘nullify,’ or otherwise disregard Federal laws, the Federal Constitution, or decisions by Federal Courts. See:
Cooper v. Aaron (1958).