Protesters advocate for marriage equality as the Supreme Court hears Hollingsworth v. Perry. Image: Victoria Pickering
June is often known as a big month for weddings. Last June, that was more true than ever as a political battle over the right to marry was in front of the Supreme Court.
In the spring and early summer of 2013 and the days and weeks leading up to the decision in Hollingsworth v. Perry, it was clear that no matter what that case decided about same-sex marriage, the public had decided in favor of marriage equality. Hollingsworth v. Perry challenged Proposition 8, a California same-sex marriage ban that was passed by voter initiative in 2008. The plaintiffs in the case charged that Proposition 8 violated the Constitution’s equal protection clause.
Arizona was the first state to defeat a ballot initiative against marriage equality, but it still doesn’t recognize same-sex marriage today.
Interest built as the case made its way through the U.S. District Court in San Francisco, the 9th U.S. Circuit Court of Appeals, and the Supreme Court. The attorneys challenging the ban were themselves a sign of the change taking place in the United States, as former rivals in the Bush v. Gore trial — the Supreme Court trial over the disputed 2000 presidential election — joined forces to challenge Proposition 8. David Boies, a Democrat who had represented Al Gore, joined Theodore Olson, a Republican who had represented George W. Bush.
Before agreeing to serve as counsel for the plaintiffs, Olson had been approached by backers of Proposition 8 to serve as their counsel. Olson declined on the grounds that the law was contrary to both his legal and personal views. However, a high-profile Republican had made the case that the tide was turning, and polling before the Hollingsworth decision provided proof in numbers. Support for marriage equality was growing across all major demographic sectors, and 14 percent of those polled by the Pew Research Center had switched from opposing to supporting marriage equality. A CBS News poll showed that a 53-percent majority now supported same-sex marriage. Alex Lundry, a data scientist who had worked on Mitt Romney’s presidential campaign, called it “the most significant, fastest shift in public opinion that we’ve seen in modern American politics.” At the same time, celebrities ranging from hip-hop artist Jay-Z to Baltimore Raven Brendon Ayanbadejo joined the fray as allies. Continue reading →