The authors of Proposition 8, the November initiative in California to ban gay marriage, said Friday that they would ask an appellate court to scrub the state attorney general’s controversial ballot description of their measure after a trial court judge refused to do so.

The planned last-minute appeal to the 3rd District followed a Sacramento judge’s ruling Friday morning that left Attorney General Jerry Brown’s language untouched while making minor changes to the Yes on 8 campaign’s ballot arguments.