Let me address the issue of the Supreme Court making laws. It does not make laws. On the issue of gay marriages it was called upon to rule whether gays had HUMAN rRIGHTS as cited in the Constitution and it ruled that they did. Human rights are protected in the Constitution.
Never can you leave human rights to voters. Think of what voters might do to a minority group. As pointed out in my last item, at one time the Roman Catholic Irish were despised. Remember in 1960 how that even became a huge issue when John F. Kennedy was running for President. He overcame it. Remember Sodomy laws put many gays into jail when States controlled such laws but the Supreme Court removed the State sodomy laws as gays had a Human Right. School Segregation would still be in place if the Supreme Court had not undertaken to impose Human Rights. In all those instances, if left to States, people’s Human Rights would have been taken away by voters. One cannot trust Human Rights to voters.
I have a friend who worked for Human Rights in Sudan. he had a Masters degree and his issue was WOMEN;s RIGHTS. He escaped to Australia since I last saw him as the Government of Sudan seized his computer and interrogated him because he was working to free women from the mutilation and servitude imposed by that government. Human Rights surpass any government.
Unfortunately, Pence and Trump see the radical right fundamentalist Churches as having more rights than the rest of society and would take away HUMAN RIGHTS, not just from gays but from others. The Supreme Court must protect everyone’s HUMAN RIGHTS.