I don’t consider it an activist court to recognize depravity for what it is, and deny it equal standing with the male female nation building model.
The problem is that it is up to the State legislatures, or Congress, to write a law that will withstand Constitutional scrutiny. Heck, we can’t even get a law out of the 7th Circuit without Posner laughing at it (naturally, everyone blamed Posner instead of blaming themselves).