Emotions Verses Legislation

Would someone answer this for me?

I have a question...why can't Washington and Oregon follow the model set forth by http://en.wikipedia.org/wiki/Same-sex_marriage_in_Massachusetts and skip all this "take it to the voters" go directly to the Supreme Court & have it changes via Legislation? It is after all unconstitutional, a vote the people are not qualified to make. The people make a decision based on emotions and judges look at the law, fairness, equality. It is a legal issue.

Is this possible?

Thanks for taking the time to answer.