Background of Same Sex marriage in the 13 Colonies:
The U.S. Court of Appeals for the Sixth Circuit reversed and held that the states' bans on same-sex marriage and refusal to recognize marriages performed in other states did not violate the couples' Fourteenth Amendment rights to equal protection and due process.
The fourteenth amendment does allow same-sex marriage and does not require a license for same-sex marriage. However, the fourteenth amendment says that the opposite sex has to respect the same-sex marriage.
Does the law think it fair to have same-sex marriage:
It says that the constitution claims that there is no law against same-sex marriage and that it is a good fair policy to have same sex marriage but is better to have opposite sex. However, it does not matter because it is a free country so it is legal to have same-sex marriage.