The Constitution is also silent about an Air Force and yet we have one. How? Via rightful interpretation of the document. My state has over 1k law related to marriage. A homosexual couple does not get protection from any of them despite equal protection under law being a Constitutionally guaranteed right.
it isn't silent about an army or a Navy, and an Air Force is merely an extension of both of these types of military services.
It doesn't mention a marine force either, and yet we have that.
Exactly!
The difference is marriage contracts as a whole are never mentioned in the Constitution, Not once. Thus by the constitution the setup of the contract falls to the States, in particular the State legislatures, or the State's own constitution.
The problem is we have tied laws to the contract and our federal Constitution guarantees us equal protection under the law. We could eliminate all these laws and leave it as a religious ceremony, but until then the proper interpretation is that gay marriage should be legal in all states.
By that logic you can't deny marriage to anyone, be it by age, blood ties, or number of people. Equal protection only applies to equal situations. Marriages between men and women are equal regardless of race, because race is not a factor in a marriage biologically.
IF people in a State want to extend the marriage contract to same sex couples or polygamous groups, I have no issue. My issue is with using courts to force it on them using the concept that constitutionally same sex= opposite sex.