No judge, no court, and no civil law can give same-sex couples the two elements of a legal marriage — life and legitimacy. Only through the union of a man and a woman can life be created and only through the sanctity of marriage can legitimacy be established.
Since same-sex union cannot create life, it is the legitimacy — the principle of hereditary right — they seek in the courts and cannot obtain because legitimacy is a birthright. Even innocent children born outside of marriage will always be denied legitimacy. Wars have been fought for hereditary rights for kingdoms and empires.
Most of this is just made up. Of course judges, courts and civil laws can give same-sex couples legal marriage, they already have. Marriage is a human-created thing and it can be anything we define it to be. And we certainly don't define marriage based on hereditary right or birthright. In fact, any person can decide to completely ignore birthright and transfer their wealth upon death to any person -- or cat, apparently -- they want to. It's not only legal to do this, it's a right to do it.
We live in the year 2008, all children are legitimate. The old-fashion "bastard" concept has long gone by the wayside both societally and legally. And while it is true that wars have been fought over hereditary rights, it isn't true that this has been done by any modern, civilized society like the one we live in.