I'm getting pretty damned sick of this whole "Activist Judges" and "Activist Courts" bullshit that the right wing continues to spew every time they disagree with a court decision. What the hell does it mean to be an "Activist Judge" anyway? In 2000, when the election headed to the Supreme Court, you can bet everything and then some that if Gore's argument had prevailed the Supreme Court would have been full of "Activist Judges." The Right Wing would have stepped up their calls for assassination or early demise of some of the justices.
Apparently, for the Right, an activist judge is any judge who believes that everyone has equal rights. It was those horrible activist judges who handed down "Brown v. Board of Education" back in 1954, and the more mainstream right wingers have had to swallow hard and pretend they like that decision as half a century has shown them and their beliefs up as the dinosaurs that they are.
Tony Snow, the current Bush shill, had the audacity to equate the gay marriage ban with civil rights legislation. Shameful. Under the Bush regime, excluding segments of the population from access to "life, liberty, and the pursuit of happiness" is now considered the same as struggling for those rights.
I often reject progress narratives, but in this case I do see a bit of the dialectic at work, and it works toward full coverage of rights: child labor is now pretty much outlawed, colored and white only signs have come down, women have more access to more fields than they've had in the past, etc.
Conservatives are always on the losing end of history. Always.