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.
I was more referring to the 10th Amendment. It shouldn't be a federal issue at all, but rather passed to the state power to determine laws legislated by states, and not a court to say something is in the US Constitution, when it isn't.
Tenth Amendment to the United States ConstitutionThe Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state.
