I have read opinions about New York's gay marriage ruling here and here. Both opinions concluded that this ruling was not "judicial activism." I agree, though others do not.

We on the right need to let this issue go. Our constitution, the 14th amendment to be exact, guarantees equal protection under the law for all citizens. Whatever your disposition toward the idea of homosexuality you cannot deny that our laws require equitable application. If two consenting adults of the same sex wish to have intimate relations with one another what right does our government have to stand in the way of that? And if that couple wishes to have their union recognized by law, again what right does the government to forbid that? Whatever moral compunctions you or I may harbor regarding homosexuality, we must realize that the law doesn't exist for the purpose of outlawing that which we do not like.