No, the legislature decides what is legal when it makes laws. The courts either uphold the law or dismiss the law as a violation of some other law, in this case they seem to suggest thus far that the "violation" by not creating a right that does not exist is in direct contradiction to the US Constitution, specifically the Due Process clause, and 14th Amendment. What I'm saying is that the USSC court can boot this back to the legislatures based on my simple argument above. These courts all seem to think that they can create a right, in-law, by inference. The inference is that gays are being unfairly treated based on their gender, yet, as I've demonstrated, both men and women are equally limited by their gender. In short, there is no violation of Due process (State and or Federal Legislative authority to decide laws) nor is there any violation of the 14th Amendment. If both men and women are equally limited, there is no gender discrimination, and thus gays must prove that it is more than just gender that defines their inequitable treatment.
I think they'll have a hard time on that point since sexual orientation is not a protected class.
Tim-