First of all, states have no rights, only powers. Secondly, the people of the state should look to their own courts and Constitutions to protect against such abuses by state legislatures and executives, although in this case those things were pre-existing rights or powers of the people, and their retention of them is protected by the 9th amendment. There is no right to commit homosexual acts explicitly protected, and to argue that there is a right which pre-existed the Constitution to do so which is "retained" by the people, is pretty silly, especially in light of the fact that such practices were illegal in all of the 13 original states at the time. It was not protected by any laws, state Constitutions, nor those of the colonies of England itself.
It's also pretty silly to argue that anything anyone wants to do is a "fundamental right" not subject to any regulation by the states.