The battle over the gay marriage is far from over in the state of California. While supporters of same-sex marriage are trying to change the current ban, the opponents of same-sex marriage said that overturning the ban would lead to changes in the nature of the state’s government.

The supporters of the gay marriage ban accused Attorney General Jerry Brown on Monday of trying to overturn the ban - and the state’s constitution with it – by advancing an implausible legal theory to support it.

In the papers filed to the Supreme Court, Mr. Brown was accused of inventing “an entirely new theory” by asking the justices to trump the electorate, which approved Proposition 8.

According to Andrew Pugno, a lawyer who backs Proposition 8, Mr. Brown’s move would change the “constitution-making function” from the people to the courts, Reuters reported.

"We will not mince words. The attorney general is inviting this court to declare a constitutional revolution," reads the brief.

On the other hand, those in favor of the same-sex marriage argued that the right to marry is part of the "inalienable right" to liberty, as Mr. Brown put it. He added that California’s Supreme Court must strike down the amendment to the constitution that limits that right.

Proposition 8, a ballot proposition that changed the Constitution to restrict the definition of marriage to a union between a man and a woman thus eliminating the right of same-sex couples to wed, was approved by California’s electorate on November 4 which sparked mass protests across the United States although most states have outlawed same-sex marriage.