It is hard to imagine that it was more than four years ago that Hollingsworth v. Perry (then captioned Perry v. Schwarzenegger) was filed by the American Foundation for Equal Rights (AFER). In many ways, Hollingsworth has been the background noise to my life, the past four years being measured in filings, orders, and court decisions, and the waiting in-between. Not one day has gone by (and there have been about 1,500 of them) where I have not logged on to EqualityOnTrial (or Prop 8 Trial Tracker as we used to know it) to consume the latest updates.
I distinctly remember the moment when I heard of each decision, at the District Court and then at the Circuit Court. For the former, the date and time the decision would be handed down was imminent so I signed up to receive an automated text message from AFER. I was doing a film internship that summer (of 2010) in Rhode Island, anxiously awaiting my phone to vibrate that afternoon. I remember picking it up when it did, hitting enter, and trying to contain my elation by the news.
But I knew that it would not be the final word, and that we would have to wait for the Ninth Circuit Court of Appeals to weigh in. And when they did, in February 2012, I was in Paris getting my master’s in French literature, receiving the news on the metro, once again by text. It was not until the next day when I could read the decision. I was somewhat disappointed that it was a split vote, but a victory was a victory, and I held my breath hoping the Supreme Court would deny certiorari. Of course, they granted cert. this past October, held oral arguments in March, and here we are today.