First, we did vote to decide that black people were human beings with rights. These votes are known as the 13th, 14th, and 15th amendments.
Second, every right created or enshrined or recognized in the Constitution achieved that status through a vote. I believe that many rights are created by God, but that doesn’t mean a government recognizes them. So, even with these God given rights, you have to win a vote for them to be recognized.
Third, you are never going to get a court that is willing to create Constitutional rights for unborn children unless the view of the country radically shifts. Right now, the majority of conservatives do not want a pro-life version of Roe (ie an unfounded court decision which creates rights that do not exist in the Constitution), instead they want to be able to resolve the issue of abortion through debate, education, and voting.
Seeing how most conservatives don’t support your goal, it is impossible for you to achieve your “victory” with the country in its current state. For this to happen, you need to shift the voters radically right.
For the sake of assumption, let’s say that the country takes a radical step right, why would you want the court to interpret a right into the Constitution? If you only get a court created right out of your now radically right shifted public, your victory is only secure until different judges are appointed. If on the other hand, you voted and amended the Constitution, your victory would be much more secure (additionally, it would be Constitutionally legitimate).
Finally, you are advocating a tyranny of judges, the same as most of the left. While this can lead to decisions that benefit your cause, this also leads to decisions that hurt your cause (if you don’t believe that ask the left what they think of DC v. Heller). Additionally, if judges run the country, we will have decisions that are out of line with the beliefs of the citizens, that can’t be easily changed, and that last only as long as that certain judge sits on the bench.
The Constitution was not written to solve all of our problems and to resolve all of our disputes. The Constitution was written to place bounds on the government and to create a basic outline of rights. Just because the Constitution doesn’t apply to a situation doesn’t make the document defective or uninspired. It is because the Constitution doesn’t apply to every situation that we can amend it to enshrine our morals and beliefs in the document.
The majority of us want to see the end of Roe and abortion. However, we will not win this battle in the courts (with the exception of maybe getting Roe overturned), but rather through the political process.
The "states rights" advocates who want the state to have the right to take away the God-given rights of the unborn are the same evil confederate scum who put their "freedom" to enslave their fellow man above this nation and above the Laws of God. God judged them and he will judge their modern-day baby-killing counterparts as well.