While definitely an issue, rights are protected from the bottom up, not the other way around. Individuals are responsible for retaining all rights that they can, the states preserve the ones that the individual cannot, and finally the federal government defends the people when the states are not able to. The federal government acting on this issue upsets the hierarchy of rights and is out of their jurisdiction of power. That being said, there is no doubt that measures such as these should be taken by the state governments.