In responding to the lawsuits against Prop 8, Attorney General Jerry Brown urged the State Supreme Court to make a decision quickly and added: "The public interest would be best served not by issuing a temporary stay, but by an expedited resolution of the important issues raised by the petitions."
Brown has vowed to uphold the law, even though he personally doesn't agree with Prop 8. But supporters of the same-sex marriage ban are worried.
"Well we do have concerns about the Attorney General's vigorous defense of Prop 8. He opposed the measure in the campaign, he went out of his way to rewrite the summary of the measure in a way we think was designed to prejudice voters against the measure," said Frank Schubert from the 'Yes on 8 Campaign.'
Schubert adds the 'Yes on 8' campaign is asking the court to let backers represent themselves.
San Francisco's City Attorney Dennis Herrera opposes prop 8.
"I have a hard time understanding why it's necessary for them to be before the court, other than trying to inject some political rhetoric into a decision that should be based on the law and the facts," said Herrera.
ABC7 Legal Analyst Dean Johnson says the issue for the court to decide is whether Prop 8 amends the constitution or revises it.
"If it's an amendment then it can be ratified by a majority vote of the voters. If on the other hand prop 8 is a revision then it requires a much more elaborate procedure," said Johnson.
For starters, if the same-sex marriage ban is a revision of the constitution, the State Legislature would have to approve prop 8 by a two-thirds majority or call a constitutional convention.
The 'Yes on 8' campaign chairman is convinced the court will see the proposition as an amendment.
"And we're looking forward to participating on behalf of the proponents and the people who have adopted this as part of their constitution," said
There is no deadline for the high court to decide this case. But we are hearing that some indication could come as early as Wednesday, and a decision within a matter of weeks.