Despite the hype surrounding the oral arguments, Kendell said by the time the court hears them, "much of its main deliberation and thinking has already occurred."

"The conventional wisdom is that oral argument rarely wins you a case, but it can hurt you if you're not well-prepared and ready to answer the court's questions," she said.

A number of activists are taking steps to encourage the Supreme Court to strike down Prop 8. In the California Legislature, State Sen. Mark Leno and State Assemblyman Tom Ammiano, who are gay, introduced resolutions late last year urging justices to invalidate the amendment.