Again no rights are being created, they already exist. Yes it should beup to the states to recognize the rights and but when the states fail to protect the rights of citizens, for example equal schools, then the federal government has the obligation to step in an protect the citizens rights when the state fails or refuses to do so.
Same Sex Marriage was always a right, whether or not it was enumerated in the constitution. The only problem was a failure of the state to protect the rights of ALL its citizens. The federal government recognized the failure of the states and stepped in.
That is unless you believe that that President Eisenhower had no constitutional right to enforce the desegregation orders during the 50's.