Steps to reproduce the issue

On a new install with the default workflow and acl create a new user in the author group.
Create a menu item to create article
Log in to the front end as the author and submit a new article

Expected result

There is no option to set the state as the author doesnt have that permission
The article is saved as unpublished as the author doesnt have that permission

Actual result

There is no option to set the state as the author doesnt have that permission
The article is saved as published

Additional comments

The default workflow acl is set correctly as shown below. So I am guessing that it is ignoring the acl and just saving the article with the default state