A constitutional republic places limits on how far the government may intrude on individual liberty and has coequal branches of government to act as a check on each other. Don't get me wrong; you could fill volumes (and folks have) with examples of judges exceeding their legitimate authority. I just don't agree that this is such an example.
I understand what you are saying. I just wish we would vote on such things instead of resorting to the personal opinion of judges concerning issues of morality. The judge's job is to apply the meaning of the law as intended by those who wrote it and nothing else.