Brown argues that Proposition 8 supporters are wrong to suggest that the people's right to amend the Constitution through the initiative process is unlimited and that the Court does not have the authority to invalidate Proposition 8. The Court, in fact, has exercised judicial review previously to invalidate a constitutional amendment that was deemed substantively improper.

He also argues Proposition 8 does not invalidate the same-sex marriages entered into between June 16 and November 4, 2008, as some Proposition 8 supporters contend. To invalidate those marriages, Brown argues, would violate the due process rights of those same-sex couples who entered into marriage based on the Court's ruling in In re: Marriage Cases.