No actgually the Constitutional approach is in the 10th Amendment that gives such power to the states and the people, not to unelected gay judges.
I can appreciate your position. States should be free to issue licenses to perform marriages to whomever the voters deem appropriate. But they can't discriminate.
I pointed to the Tax Code and the Social Security Act, the implication being Federal programs, but the concept applies to the constitutionality of state actions and programs that are specifically designed to reward, punish or document marriage also.
The United States Constitution takes liberal pains to specifically NOT name an 'American' as any white, male, Christian, property owner. If it had, it would not have lasted this long. It says ALL. All who were born here, and all who pass whatever the test dejour is to become and remain naturalized.
Even the weird ones.
We either extend ALL federal and state programs designed with marriage in mind to ALL 2-person partnerships wherein the participants are willing to enter in to a documented contract, or we extend them to none of the 2-person partnerships with documentation.
Anything else is UN-constitutional.
`