RE: That is why it is important for states to amend their actual constitutions to basically outlaw same sex marriage.
I direct you to the most recent example of judicial activism — FLORIDA.
In a 2008 election, 62 percent of Florida voters approved a constitutional amendment banning gay marriage.
The Tallahassee federal judge threw out Florida’s CONSTITUTIONAL AMENDMENT approved overwhelmingly by voters to same-sex marriage.
see here:
If a Federal judge can do it, why not ANY state judge?
Right now the state judges are deeming even bans of homosexual marriage in their state Constitution as unconstitutional based of the federal Constitution.
That is why until the SCOTUS were to hypothetically deem this as a strictly state matter that right now even state judges can basically ignore their own respective states constitution and make their ruling based off the Federal Constitution.
The Federal Constitution trumps a state Constitution when they conflict although in this matter it is more of judicial activism because judges keep using the 14th Amendment when the reality is that the 14th does not grant the right to gay marriage. Basically the liberals and progressives are using the 14th Amendment as a general catch all to enact their agenda.
Most states that legalized gay marriage did not do it by the will of the people but rather by the judiciary.