Gay Marriage

A court fight is currently underway in New York over the issue of gay marriage.

Highest Court in New York Confronts Gay Marriage

If the court were to rule in favor of gay marriages, would this be an example of judicial activism, or legislating from the bench? Or would this be an example of the courts protecting a minority group? While I am one who believes that people should be pretty free to do whatever they want, mostly as long as they aren't doing bodily harm to someone else, I'm not sure that marriage is a "right" that people have, and something that the courts should decide is protected for everyone by the constitution. So while the courts deciding that the law is unconstitutional would be pushing society forward, it does seem like this one is still in the domain of the legislature.

Also, doesn't this open the doors to pedophilia and bestiality?