In Search of Judicial Activism in the Same-Sex Marriage Cases: Sorting the Evidence from Courts, Legislatures, Initiatives and Amendments.

The article examines whether judges can be identified as activists on same-sex marriage using evidence from federal and state legislative and judicial action on same-sex marriage in the U.S. It states that courts have acted on same-sex marriage since 1971 but there has been a difference on judicial activism and action. It adds that before the ideas about judicial activism expressed by former U.S. President George W. Bush in 2006, issues on same-sex marriage are arising.