"If Sen. McCain wants to take a moment to explain the difference between "making" and "applying" the law, I am all ears."

Well put. The court is applying the equal protection clause, not creating new law, just as courts did when they struck down laws against segregation and interracial marriage. Despite what the Bible suggests, homosexuals have no more choice over their sexual orientation than blacks do over the color of their skin. People act in their own self-interest: no one chooses to be a member of the most despised minority in society.