There is no fundamental right to be married.
It takes another person to agree to a marriage.
Life, libert, pursuing happiness, etc., all can be individually realized. Marriage cannot be individually realized.
An unmarried heterosexual may marry another unmarried willing person of the opposite sex in California.
An unmarried homosexual may marry another unmarried willing person of the opposite sex in California.
The equal protection of the law should not be an issue in this. The courts consists of idiots, and we are idiots for treating them like judges.