Surprise, surprise, surprise ... you don't even understand that basic concept, now do ya, zzshart? You REALLY need to take an elementary civics course, lil' guy.
"Legislation from the bench" is where a judge creates a de facto "law" or heretofore unknown "right" out of thin air - when there is nothing in the Constitution or any actual legislation to support it. However, it IS the judiciary's domain to adjudicate questions of whether existing legislation is constitutional or not, which is what this judge did.
Got it? Now, go take that basic civics course.

The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. ~ D.H. Lawrence