Agreed.
The Constitution does not, and should not, have anything to do with this issue. The whole point of the document is rigid limits on what the Federal government can permit or forbid.
I oppose attempts to create Constitutional amendments on this issue, and a number of other issues both left and right.
The Supreme Court can address this on one point: the ability of states to individually legislate this issue. The proper answer is yes. Whether such legislation is a good idea is another matter.