Point out where the Constitution says the state has the right to decide that.
The Tenth Amendment confirms the presumptions of the Constitution which is mainly pointed at limiting the federal government. The Constitution begins with the presumption of ALL power in the states and the people. Our rights are not enumerated, they are presumed as expressed in the Declaration of Independence and the Ninth and Tenth Amendments.
The states and people DELEGATE certain ENUMERATED powers to the federal government via the Constitution. If the rights and powers are not delegated to the feds or prohibited to the states by the Constitution, they are presumed to belong to the states and the people.
The states have the constitutional right and power to nullify unconstitutional federal decisions based on the Supremacy Clause, confirmed by the Ninth and Tenth Amendments, and no constitutional prohibition of such against the states.
Which law made in pursuance of the Federal constitution permits two men or two women to execute a personal services contract under the sections of the Alabama (or any other state's) marriage code?
Even if Congress were to pass a law acknowledging the possibility that a same-sex relationship could be a marriage in DC and on Indian reservations and military bases, how does that law bind the states? It's certainly not a law "made in pursuance [of the Constitution] thereof".
The Civil Rights laws, although parts of them are of dubious constitutionality, were made to implement Amendments XIV and XV, and the power to legislate for this purpose was granted to Congress by the amendment process. That is most certainly not the case with Federal courts enjoining enforcement of state marriage laws, and even the Supreme Court has no proper basis to rule on these cases.
John Roberts simply “deemed” the Obamacare penalty a tax, and thus, by fiat, made it constitutional, so it has been said, since the Federal Government does have the power to tax. Actually, it seems to me that the ONLY thing about the ACA that is remotely constitutional is that they can tax you. The feds have no more right of “ownership” over your person than they did before, and cannot force you to purchase a product or participate in any particular form of commerce.