What’s the most efficient way to change laws regarding same-sex marriage, legislation or court cases?

With the victory for marriage equality in New York on June 25, now six states in the US and the District of Columbia allow same-sex couples to get married. As other states deal with a possible transition to legalized same-sex marriage, let us consider the paths taken to instate this right and what path may be most efficient. In California, the issue has been debated in the courts. In New York, the law came about through the state legislature. 

In 2008, the California Supreme Court decided a case that found that the state constitution protects the right of same-sex couples. After that court case, voters passed the ballot measure Proposition 8 in November 2008, changing the California constitution to prohibit gay marriage. Numerous individuals filed lawsuits challenging the validity of Prop 8, and the case Perry v. Schwarzenegger made its way to the Federal District Court where Judge Walker found Prop 8 unconstitutional under the United States constitution on August 4, 2010. His decision would have legalized same-sex marriage in California, but the US Court of Appeals for the Ninth Circuit put a stay on Walker’s decision pending appeal of his ruling. 

In New York State, the State Assembly passed same-sex marriage legislation for the first time in 2007. It did not, however, make it through the State Senate. In 2009, a bill to legalize same-sex marriage passed the New York State Assembly again. The State Senate voted on that bill in December of 2009 and defeated it 24 to 38. In June of this year the Marriage Equality Act again passed the State Assembly, and when it reached the State Senate on June 24, the Republican-controlled Senate passed the bill 33 to 29.

Although the fight for gay marriage in New York took longer than the current California efforts have taken, the passing of a bill may be less volatile in terms of potential overthrow, while the California court cases make go as far as the Supreme Court of the US before a decision is finalized. If the case does make it to the Supreme Court, though, the California case could have a nationwide impact. Which route do you think is more effective for cementing the right to marry, court cases or legislation?