I hope I'm wrong…. This makes me think it's their lukewarm attempt to split the baby. They uphold "states rights" to a degree, then claim gay marriage a right under the 14th.
The way progressives on the court work to further their ideological agenda is to overturn or modify laws based on their assessment that voters wont backlash against the Dems in response, which could lead to changes in the courts that are against their agenda.
That is why they are creating new rights to gay marriage now, when 10 years ago were satisfied creating a right to same sex sodomy (that Texas case)
Then as gays get married and the media plays it up as a win-win for all(except you bigoted hate mongers) more and more accept it as harmless.
In the case of gays Kennedy has a soft spot for them and sides with the libs.
The court is just another tool for libs