Already, the frothing mouthed Right is in denial and rage. The terribly predicatable calls of “Activist Judges” are welling up from the halls of a Republican legislature that, if I’m not mistaken, is in some way responsible [Utah State Senate] for these judges sitting on the Supreme Bench in the first damn place.

Pathetic.

Here are my favorite parts from the ruling this afternoon:

…We have concluded that HB 174, “Educational Voucher Amendments” is dependent upon HB 148, “Educational Vouchers” for meaning. It is the clearly expressed intent of the legislature that the provisions of HB 174 were to modify the provisions of HB 148. [*] Should HB 148 be rejected by the voters under the referendum before us, HB 174 would be without legal meaning. Specifically, we conclude that HB 174 was not intended by the Legislature to stand alone as an independent act creating an educational voucher program, and therefore it does not. Although HB 174 is not subject to referendum by the voters, it is subject to the consequences of the referendum on HB 148.

Furthermore, now having the benefit of that legal conclusion regarding the dependence of HB 174 on HB 148, we are able to resolve any doubts that might have lingered about the accuracy and completeness of the proposed ballot title. If the voters choose to reject HB 148, HB 174 will not create an additional voucher program. If the voters choose to accept HB 148, the amendments of HB 174 will automatically be applied. However, automatic application of the HB 174 provisions in that would not require changes in the proposed ballot title.

The emphasis is mine, of course. Judges only bold text when they’re throwing Paric Hilton into jail. I notice that the Voucher folks didn’t think that that was Judicial Activism. Well, I guess because it wasn’t. THAT judge is my new hero, BTW.
[* – No Brainer insofar as it’s WRITTEN IN THE TITLES]