Perhaps, but the real point of this article is the hypocrisy of this particular activist court, which rules as they wish to fit their Leftist ideology (irregardless of the law or the will of the people), and then craft the law to fit their ruling. These two recent cases illustrate their bias and disregard for the legal process.
When ruling on the incest issue, they ruled using the strictest interpretation of the law, using semantics to justify their ruling. But when ruling on the homosexual "marriage" issue, they flouted the letter of the laws, instead reading their own words into the Massachusetts Constitution (and then demanding that the legislature rewrite the Constitution to fit the judge's subversive interpretation).
The only thing worse than flexible laws, are "flexible" judges whose rulings are not based on any laws, but rather on their own personal ideologies. That is Judicial Tyranny.