It’s not like this was adjudicated by 8-9 people. This was a VETO override by a duly-elected Legislature.
You simply can’t whine about “activism” on this one. I’m sure there are the few out there that think Legislators overstepped their bounds, but I heard no complaints when Legislatures voted the other way to resrtict same-sex marriage. This is exactly why we DONT need a Federal marriage amendment. A state Legislature has voted with overwhelming support for same-sex marriage. Others have voted against it. And Congress has used its power appropriately to regulate “Full Faith and Credit” between States regarding same-sex marriage. If VT doesn’t like this, then they can kick out all the reps and vote new ones in.
NY, NJ, NH, and probably one or two others will enact legislation to this same effect. CA is working on another voter-based reform to overturn Prop 8. People in other states have their legislation or Amendments restricting this.
The REAL problems are going to arise when same-sex married couples in these states travel with, or bring their children into another state that does not recognize same-sex marriage and same-sex adoption/parenting. Congress needs to act and make sure Full Faith and Credit is given to other States’ adoption processes, at least in non-residential, non-moving situations (travel and Commerce).