States that don't, they're stuck, and activist judges have (though erroneously) forced those states to apply the marriage domestic partnership civil union to same-sex unions.
This judicial activism, though, is simply that, and fails to do the right thing by all, including the constitution.
The right thing by all is for these judges to force such states to create homarriage (or whatever applicable name (of course other than "marriage") same-sexers want their relationships to be called) domestic partnership civil uions and to allow same-sex couples to be licensed under that statute.
For states that already have a homarriage statute, not The President, activist judges, or the constitution rightly compels those states to apply the inappropriate term marriage to same-sex union licensing.
When the election is over and we open our eyes, it will sadly be too late to wonder what the hell just happened.