Since sodomy and marriage aren't mentioned or enumerated in the Constitution, they were reserved to the states and the people.
Here's a little tidbit of the sentiment in 18th century America.
"In 1778, Thomas Jefferson wrote a law in Virginia which contained a punishment of castration for men who engage in sodomy, however, what was intended by Jefferson as a liberalization of the sodomy laws in Virginia at that time was rejected by the Virginia Legislature, which continued to prescribe death as the maximum penalty for the crime of sodomy in that state." http://en.wikipedia.org/wiki/Sodomy_laws_in_the_United_States
"Timid men prefer the calm of despotism to the tempestuous sea of liberty" TJ
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