Shortly after the amendment passed in November, three lawsuits were filed at the California Supreme Court by same-sex marriage advocates, also claiming that Prop 8 violates the state constitution. In May, the California Supreme Court upheld Prop 8, affirming the constitutional amendment that defines marriage as only the union of one man and one woman. This new lawsuit now claims that the marriage amendment violates the Fourteenth Amendment of the U.S. Constitution.

Liberty Counsel has represented the Campaign in the defense of marriage in California for more than five years, arguing at the state trial and appellate court and the California Supreme Court. Liberty Counsel also represented the Campaign as Intervenor and argued in federal district and appellate courts in defense of the federal Defense of Marriage Act. The federal courts threw out the challenge to the federal DOMA. Now California marriage laws are again under attack. Since Attorney General Jerry Brown is not likely to vigorously defend California's marriage laws, Liberty Counsel has requested to once again intervene on behalf of the Campaign to defend the marriage amendment.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "The battle for marriage continues in California. Redefining marriage to include same-sex unions would undermine marriage and the family and would have significant negative social consequences. The United States Supreme Court has previously hinted that the U.S. Constitution does not grant a right for same-sex couples to marry. Common sense and a quick read of the Constitution say there is no such right to same-sex marriage."