BY ARI EZRA WALDMAN

On Saturday, I had the distinct honor of attending the Los Angeles premiere of Dustin Lance Black's play, '8' for Towleroad. From the balcony of a packed Wilshire Ebell theatre, I could see why the American Foundation for Equal Rights (AFER) and Broadway Impact felt so strongly about this production: it brought together more than 200,000 people, raised $2 million, and showed the world why marriage recognition is not just a matter of time. It is a matter of law.

It was a satisfying experience from a personal perspective, as well -- I'm not ashamed to admit that I got my fanboy on with the incomparable Yeardley Smith (her glamorous dress was certainly not from Lamps Plus), the gorgeous Matt Bomer, who said I had a "hot dork" vibe (blush!), and the gracious Lt. Gov. Gavin Newsom.

But, "8" was more than just a sparkling gathering of the Hollywood glitterati; it was a powerful statement of the most effective legal argument for marriage recognition for gay persons: love, family, and community.

Regular Towleroad readers may recall that I have argued that couching our quest for marriage recognition solely in the language of "rights" or "freedom" or "equality" is incomplete and unhelpful. It's not that we aren't seeking certain rights and freedoms, but that's only part of the story. We seek to express our love through state recognition, to join the community of persons who raise children in wedlock, and benefit those children, our communities, and our nation by removing a burden on certain families that are no different than others. The LA version of "8," which Mr. Black slightly edited after the New York premiere, captured this message of love, honor, and family (an essentially conservative message) and reflected the power Ted Olson's, David Boies's, and AFER's arguments at trial.

CONTINUED, AFTER THE JUMP...

Mr. Reilly was particularly impressive, stumbling and stewing in his seat, arguing with George Clooney and begging Brad Pitt for "just one sentence, please, just one sentence" to answer a question. Martin Sheen took on Mr. Olson with such gusto, evoking the Josiah Bartlett running for President in "The West Wing," that the audience roused with an extended applause. And, Jane Lynch was almost too brilliant as Ms. Gallagher; Ms. Lynch's comedic timing made Gallagher appear foolish, a caricature, fodder for ridicule. Ms. Gallagher is also that, but her words are too vile to be taken so lightly.

That a good trial makes for good drama is not surprising; Dick Wolf has made a career out of that fact. But, Mssrs. Black and Reiner took a good drama and made it good politics and law by emphasizing the human and family values of the quest for marriage recognition.

As the plaintiffs Kristin Perry and Sandra Stier, respectively, Christine Lahti and Jamie Lee Curtis joked about how their sons do not like to be seen in public with their moms and they did their best to leave trial to get home in time for soccer practice. Should they get pizza? Would Spencer Perry have enough time to study for his test? How was Elliot Perry going to get to soccer practice? Ms. Lahti almost cried when she expressed her undying love for her son, and Ms. Curtis wanted nothing more than to live a normal life. Theirs was a family making sacrifices that no family should have to make, and even their teenage boy could see it. Elliot Perry (played by Jansen Panettiere) "hated that we have to do this" not because he was missing soccer, but because no one should have to justify the legitimacy of the family.

Mr. Panettiere was reminding us that the fight for marriage recognition is about Elliot and Spencer ("Spence"), the loving family in which they are being raised, and the thousands of families like theirs. It is essentially a conservative quest: to bring the stabilizing and legitimizing force of state-sanctioned marriage to the gay community. While Martin Sheen turned red-faced delivering Ted Olson's rousing closing argument about due process rights and the liberty of intimate decision-making, and George Clooney's David Boies dissected the baffling Blankenhorn, and Chris Colfer told a powerful story of antigay hatred, it was the snippets of family -- Sandra affectionately comforting Kristin, Paul Katami (Matthew Morrison) taking Jeff Zarrillo (Matt Bomer) by the hand, Kristin crying about what the trial is doing to her son, and Paul getting misty-eyed that anyone could consider him (the "cool uncle") a danger to anyone -- that really struck home.

This was the singular achievement of "8": Looking for great drama, and a few laughs, Mr. Black and Mr. Reiner found good law. Bans on marriage recognition are unconstitutional because they burden families and interfere with the most personal of personal obligations. States have no reason to ban gays from the institution of marriage because doing so actually harms the state by making it harder to raise children. And, demeaning the love of one class of persons can never serve any legitimate state interests. That story cannot fully be told in the language of rights and equality. Mr. Black and Mr. Reiner stumbled upon the same conclusion by creating a play that made the "right" to marry about love, honor, and family.

I encourage everyone to watch the full production, which Andy posted yesterday. I also have a few more pictures of those stars who so generously took a moment to talk to me posted @ariezrawaldman on Twitter.

*** 

Ari Ezra Waldman is a 2002 graduate of Harvard College and a 2005 graduate of Harvard Law School. After practicing in New York for five years and clerking at a federal appellate court in Washington, D.C., Ari is now on the faculty at California Western School of Law in San Diego, California. His research focuses on gay rights and the First Amendment. Ari will be writing weekly posts on law and various LGBT issues. 

Follow Ari on Twitter at @ariezrawaldman.

Posted Mar. 5,2012 at 8:34 PM EST by Ari Ezra Waldman in Ari Ezra Waldman, Gay Marriage, News, Proposition 8 | Permalink

1. I was exhilarated by the play and grateful to all the creative talents that brought it to life, and especially to those two brilliant lawyers. Every gay person in the country owes Olson and Boies a huge debt.

   Of the performances, I was most surprised by Brad Pitt's sly and effective reading. I had expected to like Clooney and Sheen, and I did. I thought Kevin Bacon played his part with a good deal of chagrin. Everybody acquitted themselves very professionally. The performance I enjoyed the most, however, was Jane Lynch as Maggie Gallagher. She captured Maggie's essential meanness brilliantly. If Ms. Lynch would care to do a one-woman show, she's found her subject.

   Thanks for your thoughtful post Mr. Waldman. I'm delighted you got to see this live!

   Posted by: Abel | Mar 5, 2012 9:22:32 PM

   
   

2. Hey, I'm all for raising money for a worthy cause, but sheesh, talk about an overly-fawning, obsequious, near drooling little report. Get a grip, guys.

   Posted by: solice | Mar 5, 2012 10:14:27 PM

   
   

3. No you get a grip.

   Or better still get a life -- becuase the one you're leading isn't working.

   You got right to the heart of it Ari -- that the play gets right to the heart of it. This is about our lives. ALL our lives. Even those of us with no plans to marry.

   Posted by: David Ehrenstein | Mar 5, 2012 10:19:02 PM

   
   

4. I agree with the title. The other side had nothing but speculation, theory, Internet blogs and wishful thinking to fulfill their agenda.

   Posted by: Dale | Mar 5, 2012 10:26:57 PM

   
   

5. Solice, are you Peter LaBarbera? What an offensive comment.

   Posted by: MOC | Mar 5, 2012 10:56:27 PM

   
   

6. The "Yes on 8" commercials were a great idea. Those of us in the middle of the country had not seen them. Of course, those of us who live in Minnesota probably will be seeing something like them quite soon. All in all, I was really surprised at the effort the performers put in the performance.

   Posted by: Mike in the Tundra | Mar 5, 2012 11:07:38 PM

   
   

7. You have a HOT vibe, dork or not :)

   Posted by: JC | Mar 5, 2012 11:34:24 PM

   
   

8. Damn, i never knew how ari looked like until today. Cute guy :)

   Posted by: Emmy | Mar 6, 2012 12:01:44 AM

   
   

9. It was funny and appalling at the same time. This isn’t merely a dramatic reading". Because the conservatives pushing for Prop 8 successfully sued to prevent the court records from becoming public, this was apparently the only legal way of communicating what actually happened at the trial.

   Posted by: starshipcaptain | Mar 6, 2012 12:20:56 AM

   
   

10. ARI - I'm not a lawyer. My degrees are in the social sciences. My argument has always been mainly about the benefit to humanity by recognizing humanity (not that legal equity should ever be given short-shrift). Happy people are not only happy taxpayers. Happy people benefit society by example, by productivity, by stability. We all want to be happy. It's not just what we're owed. It's what we'll contribute. It's what we aspire to. It's about dreams.

    Everyone has dreams.

    Posted by: TJ | Mar 6, 2012 12:25:00 AM

    
    

11. The link to the youtube recording of the play:

    http://www.youtube.com/watch?v=qlUG8F9uVgM

    Posted by: BABH | Mar 6, 2012 12:48:18 AM

    
    

12. "hot dork vibe"? Really? You felt it appropriate to brag about what a man in relationship allegedly said to you?

    Posted by: Paul | Mar 6, 2012 2:30:00 AM

    
    

13. Ok I just got done watching the play and reading your piece Ari.

    Wow, wow, wow. There were some incredibly moving moments. And I love the humor surrounding the absurdity of many of prop 8's proponents arguments. I hope the play comes out on dvd (or rather blue-ray, lol).

    And thanks Ari for your work in further illuminating the happenings of the prop 8 struggle, and being a voice for equality.
    

    Posted by: anony6 | Mar 6, 2012 2:35:03 AM

    
    

14. Paul, take a chill pill! lol!

    Posted by: Rowan | Mar 6, 2012 3:15:11 AM

    
    

15. PS -- don't forget to spit on your nearest mormon temple and catholic rectory. Prop 8 won by 2 points, when it would have tanked without the mormon and catholic machines organizing it, and the mormons doing the TV

    Posted by: Bob | Mar 6, 2012 3:43:10 AM

    
    

16. "'8' is the only lifeline we have to Perry's drama, heart-breaking tragedy, and triumphant victory."

    Not quite true. '8' may be the best lifeline, but a previous group re-enacted the entire trial online on YouTube, in 2010. For nearly two years, it has been the only video portrayal of the trial.

    It's not right to dismiss the efforts of that first group.

    http://www.youtube.com/user/MarriageTrial

    Challenge for creative people: Re-cut scenes from MarriageTrial and other sources into the order presented in '8', to the extent possible.

    Posted by: Randy | Mar 6, 2012 3:57:38 AM

    
    

17. Ignore the snarky comments, Ari. Thanks for your commentary. I really enjoyed watching the reading. Wished i was a teenager again.

    Posted by: Ted | Mar 6, 2012 8:31:23 AM

    
    

18. Thank you, Ari.
    And, yes, this monogamous married man of going on 30 years of bliss also says he finds you 'hot'.

    One major handicap which we queers suffer which our enemies, the christians do not, is the level of pointless nastiness which so many in our communities practice toward each other. It is divisive, it is not productive and it really hasn't been fashionable since the Angry Young Men of the 1920's all grew up and settled down.

    Posted by: enough already | Mar 6, 2012 8:37:21 AM

    
    

19. @Randy, yes, the original re-enactments deserve credit as our first glimpse of the trial, but face it: most people are not going to watch the entire trial or read the entire transcript. 8 manages to brilliantly encapsulate the essence of the fight and it's only about 90 minutes long. I'd like to see it done as an actual play, but these celebrity readings get the subject a lot of attention. Hopefully, at least a few people will change their minds, once they see what really happened in the trial.

    Posted by: Abel | Mar 6, 2012 8:57:54 AM

    
    

20. Thanks for the great review, which corresponds exactly to my reactions to viewing this exhilarating play as it was livestreamed on YouTube. Kudos especially for the description Jane Lynch and John C. Reilly capturing: "Ms. Gallagher's moral bankruptcy and Mr. Blankenhorn's scientific numbskullery."

    
    

    Posted by: Jay | Mar 6, 2012 9:16:52 AM

    
    

21. at 8theplay.com you can see where local readings of the play will be. While they won't have the cast that the NY and LA readings had, they have the potential to have local impact. See one. If you're an activist contact the local producers and take part in the panels and other programs revolving around productions. Support the work, support AFER. If yoyu're not an activist, perhaps this can turn you into one.

    Posted by: Bob | Mar 6, 2012 12:08:02 PM

    
    

22. Why is this recording not being pitched to HBO or Showtime or some other venue in its present iteration; roughness, vitality, passion and fervor intact? It's great that so many streamed it, but they were probably mostly people with a dog in the fight in one way or another instead of stumbling on to it or watching out of curiosity. Given the paucity of their legal arguments, it is understandable why NOM has fought so tirelessly to quash being outed for the fallaciousness their organization is peddling. I would think that both the quality of the stage reading and the stellar cast would be an no-brainer for them. And no production costs.

    And to Mister Waldman; many thanks for the time you've spent unpacking so many different legal nuances. It has helped me wrap my pea-brain around a lot of different issues to the point where I've convinced myself I'm ready to sit for the Bar Exam. Kudos.

    Posted by: Marcus | Mar 6, 2012 1:21:25 PM

    
    

23. The "Yes on 8" is a great news. They are also people, they have their own feelings. So the gay people also have right to stay as they want. Special congrats to the lawyers who made this possible.

    Posted by: employment law solicitors dublin | Mar 12, 2012 7:01:02 AM

    
    

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