If rights are not stated specifically in that document, then it doesn't fall under a constitutional issue. Therefore it's not a federal jurisdiction issue either. It's a state's issue.
Well, that's not actually true. The Ninth Amendment was designed to guarantee rights that have traditionally been understood as such, such as the right of men and women to marry, the right to travel, etc.. But the rule had always been that such claims of right are not protected unless you can demonstrate that it has deep roots in the American tradition. Gay marriage has exactly zero roots in the American tradition, and thus is not protected under the 9th Amendment. In fact, it has always been the American understanding that marriage is a state that exists only between men and women, that being central to the very definition of the word.
