Correct.
There's been LOTS of legislating from the Bench.
I frankly don't GAFF what gays do. Furthermore, I don't really care about abortion either. (Just look at who is more likely to get an abortion..)
What I DO care about is the U.S. Constitution.
If rights are not stated specifically in that document, then it doesn't fall under a constitutional issue. Therefore it's not a federal jurisdiction issue either. It's a state's issue.