As I understand it, all of those marriage laws have been struck down. So, until those legislatures rewrite those laws, they really have no authority to be using that old law at all.
I'm no lawyer, but it seems to me that they need to do a rewrite.
If it were me, I'd vote not to have licenses at all for anyone. That's 'equal treatment under the law'.
Where does it say that the state is required to issue marriage licenses?
The licensing of marriage is statutory. In the absence of statutory authority, the state has no jurisdiction over marriage to issue a license. What the Supreme Court did was not to make homosexual marriage the law of the land, but to invalidate all state statutes that limited marriage to two people of the opposite sex.
As such no state that had not legalized homosexual marriage by legislation has any right to issue a marriage license to anyone.
Any state that issues a license to any homosexual couple is in violation of the law, not in compliance.