[Luis Gonzalez]

It doesn't, but the way that the Mass. SC wrote the opinion, giving the legislature a number of days to re-write the guidelines for the issuance of marriage licenses in the State, is in no way Judicial Activism.

If SCOTUS had done the same, then there would be grounds for claiming activism.

[Torie]

I'm sorry. You lost me. A court striking down a state law, that has heretofore been for about 200 years deemed in accord with the pertinent constitutional language, and giving time to the state to rewrite it to the court's liking, is not activism, but if SCOTUS does the same thing under its reading of similar language in the federal constitution, it is, loses me on both counts. Maybe it is incipient senile dementia on my part.