"...activist judiciary can continue to read abortion and gay marriage into the Constitution?"
I understand the abortion reference, but not the gay marriage one. When did a court read gay marriage into the US Constitution?
I am not referring to a specific incident yet with respect to the U.S. Constitution. Given the rationales under which like minded state judges have read a right of gay marriage into state constitutions (see e.g., Massachusetts), combined with the proclivities of federal judges to extract new rights from overseas law, "equal protection" and the "penumbra of emanations," I see the "recognition" of the right to gay marriage in the Constitution as inevitable in the federal courts, unless the judges are checked.
When a Federal Court threw out the recently passed marriage amendment to the Nebraska constitution.