"If our legislature votes to give them the same benefits, wonderful. But a judge shouldn't declare by fiat they are entitled."

1. With this logic a judge should not have declared the benefits of white, property owning men on African Americans or Women.

2. If you read the decision, the judges did not declare they are entitled. The judges interperted the Constitution of the State of California, this is the purpose of judges, this is there job. They have not denied the right of the legislature and the people of California to deny these rights, but have told them what rights the Constitution grants, and has given the people the power to accept those rights or change them.