Thanks to HBO offering a free week of viewing I was able to watch part of “The Case Against 8” this morning.**

“The Case Against 8″ is a narrowly defined film discussing only the legal side of the Plaintiffs in the Proposition 8 lawsuit that eventually landed in the Supreme Court.

I was in high school when Prop 8 was passed, and was for the most part removed from the conversation. I didn’t understand it, nor did I want to dive into it. By the time of the Supreme Court ruling I was freshly divorced and developed my own opinion about gay marriage.

The first hour of “The Case Against 8″ explains who the legal team is, and who the families represented in the case are.

There is Republican Ted Olsen and Democrat David Boies, who knew each other from the Bush v. Gore Supreme Court Case, as first and second chair. There is a lesbian couple and a gay couple represented. The couples were chosen by the legal team according to the film because they were normal and appeared to be normal everyday people.

Jeff Zarrillo and Paul Katami did not get married during the short window that was available to same-sex couples. They do not have children, as they believe children need to be raised in a stable environment which is provided through marriage. After the ruling, they were the first couple to be married in Los Angeles since 2008.

Kris Perry and Sandy Stier were together for 10 years prior to the case, they were married during the short window and their marriage was later considered invalid due to Prop 8 passing. Perry and Stier both brought two children into their relationship, based on the film all four children are excelling and are not suffering from any of the calamities defendants of Prop 8 stated would come.

I didn’t know this. Every news article that was published, every source I read, everyone I talked to talked about the “Bigger Picture”. No one talked about the human aspect of this case. No one talked about Perry and Stier’s kids adjusting just fine, and thriving in their environment. No one  mentioned Jeff and Paul choosing to delay children until they were legally married.

The airing of this film is a remarkable coincidence with the decision of Kate Kelly and the pending decision with John Dehlin. Whether for or against female ordination, and whether for or against Kelly’s actions, I think we need to remember the very human aspect of what is occurring. Mormonism is changing. Time will tell of the results of this shift, but there is one.




My ability to view ended at the time Jeff and Paul were discussing the opening of the trial. I hope comments to this post will be able to go into deeper depth of the last hour of the film while I wait for the film to become available for purchase.

**My brother when faced with a decision of which upcoming recording to delete at the first airing decided to record “Whose Line is it Anyway” and deleted “The Case Against 8″. I was able to record a later 4am airing of 8, but the free week of viewing ended at 5am. Hence, I was able to watch approximately the first hour.