According to a statement released by the four groups, the lawsuit argues that returning to the traditional definition of marriage would enact such sweeping changes as to revise, rather than amend, the state Constitution. Unlike amendments, revisions require that a state constitutional convention be held. Calling a constitutional convention in California is so difficult that it has not happened since 1879; a two-thirds vote of both houses of the legislature, plus a majority vote of the people, would be required.
Brad Dacus, president of Pacific Justice Institute, responded, "This lawsuit is beyond the pale. Radical gay marriage activists are showing their true colors by filing suit to prevent voters from having a say on this crucial, highly controversial issue. There are apparently no lengths to which they will not go to force their agenda on Californians. Already, they have shown no respect for county clerks and others who do not want to be involved in gay ceremonies. Now, they want to deprive all Californians of the opportunity to be meaningfully involved in this debate. We are confident that this baseless challenge will be turned away, and we encourage our friends to continue mobilizing voters for November."
As part of the Protect Marriage coalition, Pacific Justice Institute will be closely monitoring new developments in this case and will post ongoing updates.