“This may be the most important case I’ve ever handled,” states Ted Olson, one of the two attorneys fighting Prop 8 in Ryan White and Ben Cotner’s intimate documentary, The Case Against 8. And after watching the film, you will feel as though you have won right alongside him.
As we know by now, the initial case against Prop 8, Perry v. Schwarzenegger, eventually wound its way to the United States Supreme Court. We also know that the outcome was favorable, and same-sex couples in California could marry once more. Still, White and Cotner’s documentary effectively builds suspense by successfully balancing its emotional and legal content, taking us beyond primetime news coverage for an in-depth and ultimately cathartic journey.
The film takes a relatively direct approach. Though we start in March 2013, with a prologue involving the lead-up to the Supreme Court case, the film immediately flashes back to November 2008 where we are faced with an interesting coincidence: the election of President Obama--a harbinger of hope--and the ominous passage of Proposition 8 in California. What follows is an Avengers-style character introduction, as each new member of the legal super-team is picked up, unaware of the harrowing adventures they will take on together.
The movie was screened at Film Society of Lincoln Center and included a talkback with our super-team, the directors (who won the documentary directing prize at this year’s Sundance Film Festival), the plaintiffs, and Chad Griffin, director of the American Foundation for Equal Rights. At the talkback, Ryan White admitted that he and Cotner initially intended to focus the film on the odd couple pairing of Ted Olson and David Boies (above right), memorable rivals in the Bush v. Gore case who, in this battle, proved that marriage equality is not an issue of liberals versus conservatives (check out Towleroad's 2010 interview with the attorneys here). The filmmakers adjusted their initial intention, however. Plaintiffs Jeffrey Zarrillo and Paul Katami (below left), and Kristin Perry and Sandra Stier (below right), take center stage, serving as the narrative’s emotional core. The couples are remarkably well-spoken individuals in their own right, and as much a part of the legal proceedings as the lawyers representing them.
Where the film really stands apart is in its intimate, almost claustrophobic, prioritizing of jargon-heavy pre-trial vignettes in which a team of attorneys vet the plaintiffs and gather information in their San Francisco law office. The audience comes to understand the intricacies of the case and, more importantly, the personal investment that each of the people involved has in taking down Prop 8. Getting to know each individual helps forge a deeper stake in the case’s outcome, and makes the threat of failure in this battle far scarier.
CONTINUED, AFTER THE JUMP...