You may have a point about the courts, but elected legislatures are normally the way we make laws in this country. There were no public referenda on enacting the income tax, declaring war on Japan in World War II, making marijuana illegal or making no-fault divorce legal.
That may be, but when public opinion is CLEARLY against an issue, and the courts and legislatures take it out of our hands, that is wrong. Sadly, too many people just let it go, thinking, well the law is passed, we can’t do anything about it, and don’t even vote against the legislator who voted against what his or her constituents wanted.