Well, when the SCOTUS or any other court suddenly finds new rights and penumbras of emanations of legal principle that the previous two centuries of legal history failed to discern, then they are making law. Or can you point out exactly where the constitution (California or Federal) says that any court has the authority to overturn a law it finds 'unreasonable' on general grounds? Or, has the legislature suddenly redefined marriage?
I'm sorry, but if the Constitution now means the rest of have to bow and scrape and ask 'by your leave' of robed frauds every time a piece of legislation is passed, then we need a new Constitution.
I've had these discussions before with other attorneys on FR and (as appears to be the case here) they seem unable to stop thinking like a lawyer and to start thinking like a citizen.
lawyer slang call this situation "black robe fever". Essentially the autority of the judgship causes the lawyer holding the judgship to believe they are "god". (if not THE "god") The start to worship themselves.