All causes of marriage, divorce, and alimony, and all appeals from the judges of probate shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision.
This is what the Massachusetts Constitution says Luis. But to judicial activists, the words contained in constitutions are meaningless as witnessed by the majority opinion in McConnell V FEC.
I love the shallow waters you thread!
The Supreme Court of the State of Massachusetts found the law as written by the Massachusetts legislation to be in violation of the civil rights of part of its citizenry, and ordered the legislation to bring it into compliance with the State's Constitution.
All completely legal and within the letter of the State's Constitution.
Yet, you call this activism.