Regardless of the lower court decisions that have been made on the subject since the ratification of the 14th amendment, it is the Supreme Court that can determine whether or not they will stand.

Just think about all of the legal precedent that had accumulated around the doctrine of "Separate but Equal" (for instance, the Plessy vs Ferguson case) over the span of almost a hundred years, and the Supreme Court wiped it all out in its Brown vs the Board of Education decision.

It has happened before, it can happen again, and anyone who doesn't think so doesn't understand the Constitution of the United States, or the Supreme Court.