The courts bypassed the role of states in setting their rules, as you correctly quote in Windsor, and instead substituted some vague 14th A of rights.Actually most of the lower courts got it wrong. They should have listened to the Supreme COurt in Windsor, which ruled states have the power to decide these things.Last month they "said" the lower courts got it right. Now they have an issue, a lower court got it wrong.To late they already spoke on this issue Remember last month?When the SC rules against you Sil, and they will, what then?Oh, I'm sorry. Maybe I mistook the headline. It said that the 6th upheld the bans on so-called "gay marriage" in Kentucky, Michigan, Ohio and Tennessee
Virtually all of the courts looked to Windsor for guidance- and as Windsor very clearly states:
Subject to certain constitutional guarantees, see, e.g., Loving v. Virginia, 388 U. S. 1, “regulation of domestic relations” is “an area that has long been regarded as a virtually exclusive province of the States,” Sosna v. Iowa, 419 U. S. 393. The significance of state responsibilities for the definition and regulation of marriage dates to the Nation’s beginning; for “when the Constitution was adopted the common understanding was that the domestic relations of husband and wife and parent and child were matters reserved to the States,” Ohio ex rel. Popovici v. Agler, 280 U. S. 379–384. Marriage laws may vary from State to State, but they are consistent within each State.
The courts all made their rulings based upon constitutional guarantees
Homosexuals do not have rights.
Heterosexuals do not have rights.
Citizens have rights. And all citizens have the same rights in that regard.