"When Californians created our Constitution, and then again when we created a system to allow the people to amend that Constitution, we made sure that certain basic principles would be off limits to amendment," said Ann Ravel, Santa Clara County Counsel, in a press release. "Proposition 8 would destroy several of those basic principles at the very point where they intersect.

The cities and counties believe that Proposition 8 is an "invalid use of the initiative process," to which the state Attorney General agreed last month. The cities and counties said that changes to the state constitution that restrict the basic rights of its residents cannot be subject to a "bare majority vote" and "altered by the whim of majorities," according to a press release. Instead, such "profound changes can only be accomplished through the more cautious review process."

"One of the courts' central roles is to enforce the equality principle of our Constitution, and to ensure that vulnerable minorities are treated fairly by political majorities," Ravel said.

Arguments before the court are expected to be made in March.