I think it is inevitable in the long run.

The courts haven't been legalizing gay marriage because judges like teh gay. They have been doing it because regulating sexual relationships between consenting adults is just not an acceptable thing for a government to do. And what's left is a domestic partnership, a kind of tiny corporation, with contractual and other impacts that are within the government's legitimate scope.

Marriage is a social and sometimes religious thing. A marriage also establishes a domestic partnership, which is a legal thing.

The changes should come from the legislative branch. But they won't. The administrative might, possibly, take care of it. But it will probably fall to the courts, again.