Dahlia Lithwick: The New Jersey gay marriage decision ain’t activism.
If you care at all about states’ rights and state autonomy, read this decision. If you believe in judicial minimalism, read this decision. If you think judges should engage in careful scrutiny of state law, read this decision before blasting it as activism. This was a state court taking care of state business.
As someone who had very harsh things to say about Goodridge, (see my blog post at http://www.wetmachine.com/totsf/item/52), I agree that Lewis v. Harris is a reasonable decision by state judges applying state law in the context of their state constitution.