CASE AGAINST 8, THE (TV)
Summary
This documentary film chronicles the fight against California's Proposition 8, which sought to ban same-sex marriage.
In March 2013, famed attorney Ted Olson attends a Supreme Court rehearsal and argues that Prop 8 defies the Fourteenth Amendment, which guarantees equal protection rights for all citizens, and states that using the word "marriage" is indeed important to ensure equality. In 2008, 18,000 same-sex couples were wed when California approved gay marriage, but it was overturned by Prop 8 six months later, prompting a federal lawsuit. The plaintiffs, Sandy Stier and Kris Perry, along with Paul Katami and Jeff Zarrillo, explain why they wish to be officially married to their longtime partners. They recall their mixed feelings of happiness and despair when Prop 8 was passed on the same night as President Barack Obama's election. Kristina Schake, co-founder of the American Foundation for Equal Rights, explains how she and board members Michele and Rob Reiner decided to bring the lawsuit about Prop 8's lack of constitutionality, recruiting the unlikely team of Ted Olson and David Boies, legal opponents in the infamous 2000 Bush v. Gore case, as co-counsels.
The two plaintiff couples are closely vetted before being selected to be the relatable "faces" of the case, and Stier and Perry describe their comfortable, domestic lives together as mothers to four sons, all of whom support their choice to join the lawsuit. Katami and Zarrillo explain that their families are equally encouraging, feeling that they deserve the same rights as any heterosexual couple. Once publicly announced, the case is immediately met with opposition from both sides, with some conservatives feeling that Olson is a "traitor" and some LGBT groups feeling that the time is not right to fight against the proposition. However, the team vows to carry on. Charles Cooper, one of the attorneys defending Prop 8, files a motion to dismiss the suit, though he is unable to define the "harm" done to children and families by allowing gay couples to marry; the case moves ahead. The case gains greater national attention, and Stier and Perry describe the upsetting experience of receiving an official letter informing them that their 2004 marriage was invalid. Attorney Enrique Monagas, whose involvement with the case marks his first courtroom trial, notes that his own marriage "has an asterisk" and is considered inferior to straight couples' relationships.
Stier and Perry explain why accepting the idea of domestic partnerships feels like tolerating "second-class citizenship." The legal team reads through "tens of thousands" of documents from the opposition, including claims that gay parents can cause harmful "gender disorder pathology" in children. Olson questions Perry about her encounters with discrimination, and she states that she feels that she has gained personal strength through her experiences with prejudice. Cameras are banned from the courtroom as the case, officially named "Perry v. Schwarzenegger" in reference to California governor Arnold Schwarzenegger, approaches its opening day. Zarrillo nervously practices his opening remarks to the press. He testifies first and reads from the transcript of his own comments about his desire to marry Katami and celebrate their deep love for one another. Katami is surprised at his own firm tone as he denounces the idea that Prop 8 is genuinely about "protecting kids" from harm. Stier and Perry also testify, explaining that they have been a family for many years and that allowing gay marriage will give LGBT youth "a higher sense of themselves" and an assurance of their own value and equality to straight people. Several experts take the stand and declare that gay marriage poses no "threat" to the institution of marriage in general, noting that no other marginalized group has had to fight so long for basic civil rights.
"Expert" defendant William Tam attempts to withdraw from the case after his offensive and inaccurate comments about homosexuals are brought to light, though Olson and Boies are able to "turn the tables" and call him as a witness. Stier and Perry, now somewhat famous, begin receiving hateful phone calls at home. Boies creates a satisfying "Perry Mason moment" in court when he forces Prop 8 proponent David Blankenhorn, author of "The Future of Marriage," to admit that legalizing gay marriage would in fact be "more American" than banning it would be. In his closing arguments, Olson compares the issue to the famous 1967 Loving v. Virginia case, which struck down anti-miscegenation laws. Seven months pass as the team anxiously awaits an answer, and in August of 2010 they are overjoyed to hear that they have won and that Prop 8 has been declared unconstitutional. The defense immediately files a motion to vacate, arguing that Judge Vaughn Walker could not have made an impartial ruling due to his own homosexuality, but the motion is quickly dismissed. The case bounces between the Ninth Circuit of Appeals and the California Supreme Court, frustrating the plaintiffs with its "on-and-off" success. Their victory is made official in February 2012, with the Supreme Court stating that Prop 8 only serves to "lessen the dignity" of same-sex couples and families. Obama and Vice President Joe Biden voice their support of gay marriage, and several state senators – and even Blankenhorn – begin to rethink the matter.
The defense appeals to the United States Supreme Court, and the plaintiffs reflect on the "last lap" of their four-year battle, with Perry stating that she is "cautiously optimistic" for a definitive outcome. The case is brought before the court alongside the similarly-themed Defense of Marriage Act, or DOMA. Many supporters and opponents gather in the snow outside the courthouse in March 2013, anxious to hear the landmark decisions. In audio footage of the case, Olson argues that proponents of Prop 8 are in no way "injured" by its defeat and that reproduction is not the sole focus of marriage, as many heterosexual couples cannot or do not procreate. Cooper counters that allowing gay marriage will negatively "refocus" the entire institution. The team is forced to wait another three months for the official ruling, and Stier and Perry attend their sons' high school graduation in June, observing that their family is experiencing several large events in a short space of time. On March 26, the two couples and thousands of supporters gather at the courthouse in D.C. and celebrate when they learn that DOMA has been declared unconstitutional and that the Prop 8 proponents have no legal standing to appeal, according to a 5-4 vote. Obama calls to congratulate Stier and Perry from Air Force One, and the couple soon heads for the San Francisco courthouse to secure their marriage license as Katami and Zarrillo do the same in Los Angeles. The couples are delayed yet again as the clerks wait for official word from the state, but California Attorney General Kamala Harris orders that the marriages are to go through immediately. Both couples are finally, officially wed in parallel ceremonies. Perry reflects that Prop 8 "emboldened a movement" and inspired activism from many; several other couples are shown following suit and happily celebrating their legal weddings. The film concludes by noting that gay marriage is still illegal in thirty-three states, though many have filed lawsuits similar to Perry v. Schwarzenegger, inspired by their determination.
Details
- NETWORK: HBO
- DATE: November 30, 1999 9:00 PM
- RUNNING TIME: 1:52:25
- COLOR/B&W: Color
- CATALOG ID: 120485
- GENRE: Public affairs/Documentaries
- SUBJECT HEADING: LGBT Collection; Public affairs/Documentaries; Homosexual rights
- SERIES RUN: HBO - TV, 2014
- COMMERCIALS: N/A
CREDITS
- Sheila Nevins … Executive Producer
- Sara Bernstein … Supervising Producer
- Ben Cotner … Producer, Director, Writer
- Ryan White … Producer, Director, Writer
- Rebekah Fergusson … Co-Producer
- Jessica Lawson … Co-Producer
- Carin Bortz … Associate Producer
- Blake Neely … Music by
- Sandy Stier … Interviewee
- Kris Perry … Interviewee
- Paul Katami … Interviewee
- Jeff Zarrillo … Interviewee
- Kristina Schake … Interviewee
- Ted Olson … Interviewee
- David Boies … Interviewee
- Enrique Monagas … Interviewee
- David Blankenhorn … Interviewee
- Joe Biden
- Charles Cooper
- Kamala Harris
- Barack Obama
- Michele Reiner
- Rob Reiner
- Arnold Schwarzenegger
- William Tam
- Vaughn Walker