Instead, he is arguing that the will of the California Supreme Court is superior to that of the people. He is claiming that once the unelected judges declare a certain class of people to be a protected class and that their behavior is a "fundamental right" that it can NEVER be amended.
He is literally asking the judges to declare the Constitution Unconstitutional.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus