Arguing that the court's conclusion about the dangers of compromising privacy in this case was "fundamentally wrong," Boies said of Prop 8's defenders, "These were professional experts... these were people who made speeches, who had given money, who had intentionally gone out and made themselves part of this thing."

"They weren't worried about the publicity," Olson said. "They were worried about David Boies cross-examining them."

In other words, Prop 8 advocates were unwilling to have the American people hear the case debated under the strict rules of the courtroom, where they would have to defend their position in detail, rather than simply answer "softball questions" (presumably, from the media).

Whether recorded on video or not, however, Boies and Olson believe they have established the best possible record in challenging Proposition 8's constitutionality. To those who questioned the timing of this federal challenge -- especially longtime litigators in the LGBT legal community to whom Boies expressed "deference" -- their answer was simple: "This was going to be litigated" by someone sometime soon.

They also address concerns from some in the community that the information that Judge Vaughn Walker is gay might have some effect on how the outcome of the trial is spun.

Is there a concern that if and when the case reaches the U.S. Supreme Court, the justices will feel that they are getting ahead of public opinion on the issue? What does the Supreme Court's decision about not allowing cameras in the courtroom mean for their ultimate decision in the Prop 8 trial? Will it all be up to swing-vote Justice Anthony Kennedy?