The Case Against 8

Overview

In late 2008, voters in California passed Proposition 8, reinstalling a ban of same-sex marriage following its brief legalisation in the state earlier in the year. In doing so, they effectively told gay and lesbian couples — not to mention an entire generation of young people — that the love those couples felt for one another was somehow less legitimate than that of their heterosexual neighbours and friends. One of the year's most emotional documentaries, The Case Against 8 chronicles the long and personal legal battle to see the controversial ballot overturned.

In a case all about public opinion, the proponents of same-sex marriage needed a face for their campaign. After an extensive search for the perfect plaintiffs, the American Foundation for Equal Rights filed a suit on behalf of Kristin Perry and Sandra Stier, and Paul Katami and Jeffrey Zarrillo, two loving couples who over the next half-decade would come to represent millions of other gay and lesbian partners around the state, the country and the world.

But their aces in the hole were the two men who would argue the case. In 2000, David Boies and Ted Olsen stood across from one another in Bush vs. Gore, the trial that ultimately saw George W. Bush claim the Presidency of the United States. That the famously conservative Olsen, who went on to serve as Bush's Solicitor General, could see eye to eye with Boies and the plaintiffs on same-sex marriage provides the case, and the doco, with exactly the hook it needs.

Of course as is often the case with documentaries like these, there is a distinct sense that the film is just preaching to the choir. At the risk of generalisation, anyone who feels inclined to buy a ticket to this film probably supports same-sex marriage already. As informative and rousing as the movie is, it's hard to imagine it'll win many hearts or minds, because those who might be challenged by what it says won't bother seeing it in the first place.

But whether or not the film will succeed in changing attitudes, there's no denying its intense emotional effect. Directors Ben Cotner and Ryan White don't just take us inside the trial preparation, but the lives and homes of the plaintiffs. We spend Christmas with Paul and Jeffrey's in-laws, and watch Kristen and Sandra's twin boys grow up. Again, maybe it's personal bias speaking, but how can you not feel elated when a mother of four receives a call from the President telling her that she's made a difference in millions of people lives? How can you not be moved when you watch two people affirm their love for one another, after struggling for that right for so long? It may not get the opportunity to change minds, but that shouldn't stop it fro trying.