Gay marriage was adopted legislatively in ten states and DC. It would pass easily were it before the legislature in several other states where it was legalized by court action.
Yes, but I do not think it has never been passed by a public referendum. Traditional Marriage has been upheld by around 36 states through referendum.
The point being: Leftist hate democracy and the will of the people. They greatly prefer the dictates of judges. It is easy to judge shop for the outcome they desire.