To the disdain of of many pro-marriage equality groups, Theodore B. Olson and David Boies who argued Bush v. Gore back in 2000, are challenging Proposition 8 on the grounds the ruling creates a class of “second-class citizens” thereby violating the the U.S. Constitution. Representing two same-sex couples under the newly founded American Foundation for Equal Rights, the legal odd couple will fight Proposition 8 all the way to the Supreme Court. Video from today’s press conference.

Pro marriage equality groups are concerned that if the battle for same-sex marriage reaches the Supreme Court, a ruling in our favor is unlikely considering the conservative-leaning makeup of the court, possibly setting the movement back years. Others suspect that there is conspiracy at work on behalf of the Right to derail the same-sex marriage movement entirely by pushing same-sex marriage into the Supreme Court before gaining enough public support and before the Court is ready to rule favorably.