I think that most states do not have laws that allow abortion. In many states, a law that allowed abortions would probably not come close to passing in the legislature. BUT, the precedent of Roe V. Wade means that any law AGAINST abortion (in general, not partial-birth or anything like that) would be struck down. In this case, regardless of what you think about abortion, the Supreme Court, not the legislative branch, "legislated" abortion. The same thing might happen with gay marriage. The judicial branch has certainly drawn more and more powers away from the legislature over time.