California Attorney General Jerry Brown advised the state's Supreme Court that they should decide whether or not Proposition 8 is constitutional:
“Brown – who would defend Prop. 8 before the court as the state government's top lawyer – said in a filing today that the justices should accept for review the four lawsuits that have challenged the Nov. 4 ballot measure. All four lawsuits argue that Prop. 8, a state constitutional amendment, violates other provisions of California's Constitution by taking rights away from a historically persecuted minority group and stripping judges of their power to protect that group.”
He also said that the measure should not be stayed while the courts decide:
Said Brown's office: “…due to the potential uncertainty that may be caused in important legal relationships by a temporary stay, the public interest would be better served by allowing Proposition 8 to remain in effect while expediting briefing.”