At one time this would be considered a local matter, one that the local citizens would decide upon.
Those days are gone, but please do not confuse the restrictions placed on the Federal Government with restrictions on the state goverments. The Federal Government should have little control over the what happens in the States. This concept is paid lip service when the Federal Government is forced to bribe the states to pass certain laws.
The relevant constitution amendments to this case were incorporated to apply to state and local governments by the 14th amendment.
I know that many freepers feel that the SCOTUS was in error in those incorporation decisions, but the fact of the matter is that it until those decisions are overturned by another SCOTUS ruling or by constitutional amendment the incorporation decisions are binding law - like it or not.