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» » Дело против 'Поправки No 8' (2014)

Short 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.
After the California Supreme Court ruled in May 2008 that same-sex couples could marry, a proposition was put to voters to amend the state constitution to define marriage as being between a man and a woman. After that proposition was passed a group decided to challenge the constitutionality of the amendment. This documentary follows the efforts of the plaintiffs and lawyers over four years as the case winds its way through the courts.

Trailers "Дело против 'Поправки No 8' (2014)"

Ted Olsen's first wife, Barbara Olsen, was a passenger on American Airlines Flight 77 en route to a taping of Bill Maher's television show "Politically Incorrect" when it was flown into the Pentagon in the September 11th attacks.

User reviews


  • comment
    • Author: Shalizel
    Let's leave it at that. Allowing us to witness the personal struggle of these four Americans to gain basic Constitutional protection, and the efforts of so many to help them and to bring about the final outcome of this case as presented in the film is truly moving. As per the title, it wasn't supposed to be anything other than presenting the case AGAINST Proposition 8. If some are left wondering where the arguments were for the proponents of the proposition, the film detailed how the witnesses for the proposition, one by one, fell away leaving only one witness, who in the course of cross-examining came to realize that he actually was siding with the plaintiffs. The Supreme Court reached the verdict that there wasn't any any compelling argument, that there was no standing to appeal against the Supreme Court's ruling, because their rights were not harmed by striking down the proposition. As was referenced in other reviews, people seem to miss the point of the case (and the film): the populace and local legislatures may not pass local laws that violate the US Constitution. There was no other side because there was no other side, other an animus, and hate is not an American value.
  • comment
    • Author: Foginn
    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.
  • comment
    • Author: Falya
    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.
  • comment
    • Author: shustrik
    Filmmakers Ben Cotner & Ryan White documents a five-year in the making legal battle to overturn California's proposition 8 law banning same sex marriage. Following around real gay and lesbian couples, we watch their highs and lows as they fight for equality and the ability to get married like any other couple in America. Packed in this documentary are behind the scenes footage of the Hollingsworth VS. Perry case in which the voter- approved ban on same sex marriage was deemed unconstitutional and overturned. Joy and prosperity were returned to the land of California, letting them tackle bigger issues such as how to properly ignore the homeless epidemic and why they voted in the guy who starred in Hercules Goes Bananas. For me there was a big problem with the documentary, it's boring. So. Damn. Boring. This was a two hour film that should have honestly been a forty five minutes to an hour at best. All we really watch is court proceedings and sit downs discussing politics until it reaches the inevitable outcome that we already know. Kind of like watching all the boring parts of the Star Wars prequels.
  • comment
    • Author: Kezan
    This one of the better films on civil liberties. We were all fortunate enough for important court case to occur before a majority of Californians changed their views.

    Why do I say that? Because marriage equality just like any other civil liberty or right should never have been decided on popular views. These rights ough to be regarded as absolute with no amount of local interference acceptable no matter how the wind blows. Rather than this bounce around on popular opinion, we were able to have a ruling based on the Constitution.

    I am glad the film features, and in fact centers on Ted Olson, who unlike so may arguing from point of view and interest, argued for constitutional consistency (just as he had done with the Florida recount and ending clearly unconistutional local gun bans). Some of the commenters and professing reviewers express surprise at "irony" of Olson's and Gibson Dunn's positon. The irony is only a perceived one of reviewers who don't understand the libertarian leaning position.
  • Cast overview, first billed only:
    Ted Olson Ted Olson - Himself
    Christopher D. Dusseault Christopher D. Dusseault - Himself (as Chris Dusseault)
    Jeffrey J. Zarrillo Jeffrey J. Zarrillo - Himself (as Jeff Zarrillo)
    Paul T. Katami Paul T. Katami - Himself (as Paul Katami)
    Kristin M. Perry Kristin M. Perry - Herself (as Kris Perry)
    Sandra B. Stier Sandra B. Stier - Herself (as Sandy Stier)
    David Boies David Boies - Himself
    Ted Uno Ted Uno - Himself
    Chad Griffin Chad Griffin - Himself, American Foundation for Equal Rights
    Kristina Schake Kristina Schake - Herself, American Foundation for Equal Rights
    Adam Umhoefer Adam Umhoefer - Himself - executive director, American Foundation for Equal Rights
    Elliott Perry Elliott Perry - Himself (as Elliot Perry)
    Frank Stier Frank Stier - Himself
    Tom Stier Tom Stier - Himself
    Spencer Perry Spencer Perry - Himself
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