The phrase 'activist judges' is concocted by conservatives as an emotionally laden stand-in for "I don't like how they ruled." They complain judges have no right to interfer in their lives, that they should not legislate from the bench. Let's think this through.
When it comes to judges interfering in people's lives -- that's what they do -- they send people to jail, the let them go free, they impose fines and other penalties, they interfere. Superior and Supreme Court judges don't operate at that individual level. Rather, based on specific cases, they tell us what our over-arching laws currently say. They are not legislating, they are reporting the status quo of current law.
Let's look at same-sex marriage in California as a case in point. In May of 2008, the California Supreme Court told the state 1) their current laws enforced nondiscrimination against gay/lesbian people and 2) marriage was deemed a basic human right by the U.S. Supreme Court. Therefore, they could only rule the way they did based on the current law. They were not "imposing" anything on the state, they were telling Californians the status quo of their current law. Proposition 8 proposes to change current law, but the same court must now debate whether a basic human right - marriage - can be denied to a minority by a majority. The Court appears to be leaning toward letting that happen. If they do it will be a mistake, flying in the face of 200 years of American jurisprudence. If they strike down Prop 8, it will not be "activism," it will be constitutional law at work based on current rulings from the United States Supreme Court on the nature of our own U.S. Constitution.
The U.S. Constitution was specifically designed to protect the rights of minorities from a majority who just doesn't like them. That's why Irish, Italian and other unpopular immigrant groups over the years were able to settle in this country and make a life for themselves. It is why Jews don't have to become Christians, Catholics don't have to become Protestants (or vice versa) and we can all practice any religion or none at all. It is why women have voting rights and we no longer have slavery. The Constitution is a living document that continues to imbue our society with greater individual liberties. This is despite the desire of religious conservatives who have, unfortunately, opposed such moves at every turn - slavery, women's rights and so forth. Read your history. Take a civics class. This is not judicial 'activism,' this is your democracy at work.
