The California high court has set a dangerous precedent: Majority opinion can dictate legal rights. Such a decision is truly chilling. Imagine if we allowed interracial marriage to be put to a vote? Or Abortion? Or segregation? Can you imagine what the right wing would say if voters chose to ban firearms or prayer in school, or to allow partial-birth abortion ... and the court decided to uphold the majority opinion?!? I do not think we would hear the right wing complain about "activist judges" if they did not honor such votes.
The matter is simple: Democracy is NOT mob rule. Neither this democracy nor any other modern democracy has ever been built on the principle a simple vote decides all laws and rights. We are not now and have never been a country that decides human and civil rights on the basis of a majority of voters. This is not how we decided segregation nor the end of slavery, it should not be how we decide gay marriage.
It is an atrocity that same-sex couples are being denied their rights; and it is just as great an atrocity that the court has decided to support the "tyranny of the majority" as a guide to law and public policy where rights are concerned.