Well, given the statement you were responding to, and what you were dissenting with, what would it seem I was referring to?
“In most states it is not legal, aside from the court rulings based on Federal rulings.”
I’d say that is referring to states which did not pass laws enacting recognition of, or conduct of, homosexual marriage.
Sorry, I was referring to the topic of the thread which is recusal of justices for performing marriages in states (and a district) where it is legal due to the choice of the citizens.