The above line from the article is misleading. The truth is that in many of the 36 states pro-gay activist judges are wrongly ignoring the 10th Amendment-protected power of majority voters to prohibit constitutionally unprotected gay marriage.
Actually, the whole article (or at least the excerpt - I did not go to the Guardian website) is extremely deceptive. They talk about the “uncontested law of the land”, but I am unaware of any single state that has adopted same-sex marriage by law - it is always by FEDERAL judicial fiat. (Note: I seem to recall that the Massachusetts acceptance was due to a state court, so the preceding statement may be slightly hyperbolic.)
This isn’t about law, it’s about license - the license to subvert the most beneficial societal structure ever known to man.