The Case Against 8

2014

Action / Biography / Documentary / News

2
Rotten Tomatoes Critics - Certified Fresh 91% · 44 reviews
Rotten Tomatoes Audience - Upright 88% · 250 ratings
IMDb Rating 7.4/10 10 1157 1.2K

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Plot summary

A behind-the-scenes look inside the case to overturn California's ban on same-sex marriage. Shot over five years, the film follows the unlikely team that took the first federal marriage equality lawsuit to the U.S. Supreme Court.


Uploaded by: FREEMAN
June 06, 2022 at 09:05 PM

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Rob Reiner as Self
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1 hr 52 min
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1 hr 52 min
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Movie Reviews

Reviewed by proud_luddite 8 / 10

Inspirational

The "8" in the title refers to Proposition 8, a California referendum in 2008 that overturned that state's legislation to allow same-sex couples to marry. This documentary covers a five-year period in which two same-sex couples (one male, one female) work with a team of lawyers to fight for the restoration of equal marriage.

Even though the end result is already known, this film has a very powerful effect mainly because of the people involved. Most shocking is that a devout Republican attorney, Ted Olson, is part of the team to fight for equal marriage. One of his colleagues in the battle is David Boies who had fought against Olson in the 2000 U.S. presidential election case on whether the Florida votes should be counted. This is an odd but intriguing pairing, indeed.

While the legal storyline is fascinating, the main force of this film is intimate portraits of the two couples who are the plaintiffs in the case: Kris Perry, Sandy Steier, Jeff Zarrillo, and Paul Katami. The revelations of their lives, their coming-out stories, and the support of their families hits right at the emotional core. These are four fascinating people.

"The Case Against 8" begins with high emotions but it flattens a bit somewhere during the second half. However, the personal victories that are exposed in the end leave such a rise in the heart that this movie must be credited for its inspiration in showing the very best of the collective human spirit. This is truly a case where the personal is political and it is magnificent.

Reviewed by Shuggy 8 / 10

A fascinating look at the quirks of US law and politics

As a non-American, I found this a compelling look at one of the quirkier aspects of US law and politics - how states may hold local referenda (at least California seems to do it a lot) that may then be challenged in the Supreme Court.

An intriguing aspect was the employment in support of the case of Ted Olsen, the Republican lawyer who got George W Bush elected by making Florida stop its decisive recount. The LGBT community was initially suspicious of him, but he won them over by his principled stand.

Reviewers who want to re-litigate the case itself seem to have missed the point. The populace and local legislatures may not pass local laws that violate the US Constitution. Proposition 8 was ruled to breach the 14th Amendment, guaranteeing equality to all citizens. Its supporters did not have standing to appeal against the Supreme Court's ruling, because their rights were not harmed by striking down Prop 8.

This was not intended to be "balanced", as its title implies. As a real documentary it followed real people through an unpredictable course of events. It might have all ended in tears. It would have then been useful as a fundraiser to continue the fight.

Reviewed by JustCuriosity 8 / 10

A Powerful Human Story about a Remarkable Controversial Legal Case

The Case Against 8 was very well-received at its showing at Austin's SXSW Film Festival. This film presents a powerful human portrait of the individuals involved in fighting the legal case that led to the successful legal case that legalized same-sex marriage in CA. The film provides a detailed step-by-step examination of the case and provides considerable human insight into both the unusual legal team that fought the case and the lead plaintiffs who undertook the case. The film brings their heroic struggle to life. It also provides an excellent example of how to present a legal documentary for a non-expert audience with equal parts law and humanity.

However, like so many political documentaries the film is one- sided in its presentation. It sometimes mocks the other side's arguments so that one wonders how they were not laughed out of court. Although some of their adversary's views are presented, it does not really allow an articulate presentation of the other side's case. The film does not really give any screen time to advocates for Proposition 8. Nor does it seem to take seriously the argument that Proposition 8 was supported by a majority of the state's population in a popular vote. In this sense, the film seems to cross the foggy line between documentary film making and political advocacy film making. While I agree with the filmmakers in their opposition to Proposition 8, I don't believe they present an objective multi-dimensional picture of a complex and controversial issue. I wish they had found a way to present a fairer and more complete picture of both sides in what still remains a hotly contested issue. Despite these flaws, the film still remains a powerful portrait of some very important aspects of the complex debate over same-sex marriage.

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