A trail date of January 2010 has been set for hearings to begin on a Federal challenge to Proposition 8, which passed in November of 2008 preventing California from recognizing same-sex marriages.

About 30 lawyers crowded into a San Francisco courtroom hearing the challenge to California’s Proposition 8 same-sex marriage ban, a high-risk venture that will set court policy for years, if it reaches the U.S. Supreme court.

Ted Olson, the lawyer whose Supreme Court arguments put President George W. Bush in the White House, and David Boies, his opponent in the 2000 case, joined forces to overturn Prop. 8, arguing precedents showed they could win.

Gay rights groups had avoided federal court in favour of a state-by-state battle for fear conservative Supreme Court justices would deny their cause. A handful of U.S. states, mostly in the northeast, have allowed same-sex marriage, but the overwhelming majority forbid it.

In respectful tones, Olson told federal district Judge Vaughn Walker participation by gay groups and social conservatives would only slow the case.

Walker, clearly eager to focus and speed arguments, denied the groups’ motions but added the city and county of San Francisco to the case as a government representative. Calif. Governor Arnold Schwarzenegger has signalled his administration will not actively join the case.

Advocacy groups against Prop 8 that were denied to the case include Lambda Legal, the National Center for Lesbian Rights, and the American Civil Liberties Union. Campaign for California Families which supports Proposition 8 was also denied access to the case.

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.