Will the Court be willing to go against the 45 states that don't allow same-sex couples to marry? Don't they usually prefer to wait until only a few states are lagging behind, as was the case when the Court finally threw aside the bans on interracial marriage?

"There are a number of historical examples of the Court getting ahead of most states," he said. "When Roe v. Wade was decided, only a handful of states had liberalized abortion. And when Brown v. Board of Education was handed down, while there were only fourteen states that still had de jure school segregation, a majority had de facto segregation, and the Court struck that down."

Boies seems to be banking on the Court's willingness to give the LGBT community the same legal rights and dignity as African-Americans and women. Let's hope he and Olson are right.