It's noble, but doesn't have a snowball's chance in Hell with the US Supreme Court as presently configured. It's logical, it's based on sound arguments, but the majority of Republican Justices will never agree to it.
This is better brought to the court in 5 years or more, when (God willing) a second Democratic Presidency will be able to replace anti-gay Republican Justices. No Republican bigots are likely to leave the Supreme Court during Obama's first term.
The risk with this is that the Supreme Court will rule against the petitioners, as it is likely to do, and set an anti-gay precedent. The Court is always swayed by its own past rulings, reluctant to reverse past opinions. So that an anti-gay ruling now will be echoed for decades to come. I wonder if any gay activists have any concept of political strategy?