This whole episode raises the question of what the Prop 8 supporters have to hide. They haven't been shy about their vocal support for denying equality in the past. Few have faced intimidation and harassment for it.

It's more likely that their true motivation is to prevent the American people from hearing the powerful and compelling case that Boies and Olson are going to make in that courtroom. Both lawyers are expert litigants, and are pursuing a sensible Supreme Court strategy designed to swing Anthony Kennedy to join Stevens, Ginsberg, Breyer and Sotomayor to uphold the 14th Amendment and overturn Prop 8. Kennedy has made rulings favorable to LGBT rights in the past, including Lawrence v. Texas in 2003 which decriminalized sodomy.

Dobson, Prentice and the backers of Prop 8 want to hide that compelling argument from the public. They also want to hide their own anti-equality arguments from public view. In March 2009 they had Kenneth Starr argue in the California Supreme Court that voters can pass whatever they like at the ballot box, a view I label the Starr Doctrine. Such a radical idea won the day in the California Supreme Court, disappointingly enough. But in federal court, the Prop 8 backers seem to want to hide that argument from the American people.