All just a load of lawyer-speak, attorney jive, my requirement is that it make sense to all of us, not just the ones hooked on the technicalities, nor the ones that can be bought, influenced. If the people want SSM in their own state, damn well let them have it...but let the people decide, not judges, not lawyers, not courts...maybe elected politicians, understanding that all can be written can be rewritten, can be taken back, countermanded by the electorate's choices. Pendulum is allowed to swing.
If the electorate itself does not actually get to make these broader stroke decisions, then we are all just basically slaves at the beckon call [ or for all you proper linguists out there, beck and call ] of our superiors.
Sorry, a definition of activists judges is not the one you get to make up [ an activist poster that might do that ]. Activists judges are those that make rulings suspected of being based on personal/political considerations rather than on the extant law. Those are often readily apparent [RvW].