In a court of law, where only truth and facts matter, the evidence was irrefutable. Witness after witness testified that marriage strengthens our society and that denying gay and lesbian couples their fundamental freedom to marry causes direct harm to them and their families. Even the star witness for the anti-marriage proponents admitted that we, as a nation, would be more American the moment gay and lesbian couples are able to marry.

Regrettably, the Ninth Circuit Court of Appeals has decided not to unseal the video record of the historic twelve-day public trial of Prop. 8.

AFER will continue to do everything we can to make sure that the public sees the facts of what happened in that courtroom.

Every day, our team works to educate the public by telling personal stories of gay and lesbian Americans and their families and actively corrects misinformation about the myths of allowing gay and lesbian couples to marry. In partnership with today’s most effective issue leaders and organizational allies, AFER is changing the debate and changing public opinion.

Our newest endeavor brings the issue of marriage equality to areas where we need it most. In partnership with Broadway Impact, community and college theaters across the country will perform Dustin Lance Black’s new play, “8,” to spark dialogue, understanding and action. Based on the actual court transcripts and moving interviews with AFER’s plaintiffs, the play is an unprecedented account of what happened when discrimination was put on trial.

It speaks volumes that the proponents of Proposition 8 spent millions on a political campaign to publicize their views, yet they have done everything they can to stop the public from seeing the weak case they put on at trial. They know the videotape would expose their baseless campaign of fear and let the public see the powerful evidence we submitted showing that Proposition 8 flatly violates the United States Constitution.  That’s why they fought so hard to keep the tapes secret.

In the coming weeks, the Ninth Circuit will rule on the merits of our case that found Proposition 8 unconstitutional.  It is my hope that the Court will uphold the District Court ruling and stand up for the freedom to marry.

Plaintiffs have steadfastly maintained that the trial videotapes should be unsealed based on the strong presumption of access to judicial records under the First Amendment and common law.

On September 19, 2011, United States District Chief Judge James Ware ruled that the tapes should be released, emphasizing that “Transparency is pivotal to public perception of the judiciary’s legitimacy and independence.”  

The American Foundation for Equal Rights (AFER) is the sole sponsor of the Perry lawsuit.

“We think Chief Judge Ware had it right, but we are looking at the big picture and hoping for a ruling soon on the merits affirming the district court’s judgment that Proposition 8 is unconstitutional,” said Plaintiffs’ attorney Theodore J. Boutrous, Jr.    “It speaks volumes that the proponents of Proposition 8 are so insistent about concealing the videotaped record of this historic trial.  They know the videotape would expose their baseless campaign of fear and let the public see the powerful evidence we submitted showing that Proposition 8 flatly violates the United States Constitution.  That’s why they fought so hard to keep the tapes secret.”

A robust coalition of media companies and organizations that includes the Los Angeles Times, CNN, The New York Times, FOX News, NBC News, Dow Jones & Co. and The Associated Press filed a brief in support of the plaintiffs’ effort to release the trial tapes. Their argument was elaborated in a Los Angeles Times op-ed by Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press.

“The anti-marriage proponents of Proposition 8 will spend millions on a political campaign to publicize their views, yet they are doing everything they can to stop the public from seeing the weak case they put on at trial,” said AFER Board President Chad Griffin.  “In a court of law, only the truth and facts matter.  And the facts are that the Proponents have no case. AFER will do everything we can to make sure that the American people see what happened at trial.”

In order to ensure that the public is able to experience what happened at trial, AFER has teamed up with Broadway Impact to produce “8,” a new play chronicling the historic twelve-day Perry trial.  Written by Academy Award-winning screenwriter AFER Founding Board Member Dustin Lance Black, “8” had its much-heralded Broadway world premiere in September 2011.  The production brought in over one million dollars to support AFER’s efforts to achieve full federal marriage equality.

“8” is set to have its West Coast premiere at the Wilshire Ebell Theatre in Los Angeles on Saturday, March 3, 2012, for an exclusive, one-night-only fundraiser to benefit AFER.  The production will feature Academy Award-winning actor, producer, screenwriter and director George Clooney along with an all-star cast, and be directed by acclaimed actor and director and AFER Founding Board Member Rob Reiner.

In addition to its Broadway and Los Angeles productions, AFER and Broadway Impact are licensing “8” to colleges and community theatres nationwide in order to spur action, dialogue and understanding.

• VISIT THE OFFICIAL “8” THE PLAY WEBSITE HERE
• READ THE NINTH CIRCUIT’S DECISION HERE

###

Press Contacts

• Elizabeth Riel 310.560.4886 or elizabeth@afer.org
• Brandon Hersh 202.412.9766 or brandon@afer.org

About the American Foundation for Equal Rights

The American Foundation for Equal Rights is the sole sponsor of the Perry case. After bringing together Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and is now leading it through the 9th Circuit Court of Appeals before the case is brought to the United States Supreme Court. The Foundation is committed to achieving full federal marriage equality.

San Francisco, CA – Tomorrow, the United States Court of Appeals for the Ninth Circuit will release a decision on whether or not to unseal the video record of the historic twelve-day public trial in Perry v. Schwarzenegger (now Perry v. Brown).  The Perry case is a federal constitutional challenge to Proposition 8, which stripped gay and lesbian Californians of the fundamental freedom to marry.  In a landmark August 2010 ruling, Proposition 8 was found unconstitutional by the Federal District Court.

Although a FULL decision on the merits is expected soon, tomorrow’s opinion WILL NOT address the constitutionality of Proposition 8.

• Sign up for breaking news updates from AFER >

Plaintiffs in the case—Kris Perry & Sandy Stier and Paul Katami & Jeff Zarrillo—have steadfastly maintained that the trial videotapes should be publicly accessible based on the presumption of access to judicial records under the First Amendment and common law.

On September 19, 2011, United States District Chief Judge James Ware ruled that the tapes should be released, emphasizing that “Transparency is pivotal to public perception of the judiciary’s legitimacy and independence.”  The anti-marriage proponents of Proposition 8 immediately appealed Chief Judge Ware’s decision, claiming that one of their two witnesses “regretted” testifying, yet they did not give any reason for that regret. Indeed, their star witness, David Blankenhorn, has publicly stated that he never felt threatened.

Plaintiffs filed a brief rebutting the unsubstantiated allegation of witness intimindation and arguing:

It has been almost two years since the Perry trial concluded, and after countless public reenactments, intense media attention, and publicly disseminated transcripts, Proponents still have offered no evidence whatsoever that their witnesses were in fact harmed as a result of their testimony in this case or would be harmed if the trial video were unsealed.

In addition, a robust coalition of media companies and organizations that includes the Los Angeles Times, CNN, The New York Times, FOX News, NBC News, Dow Jones & Co. and The Associated Press filed a brief in support of plaintiffs’ effort to release the trial tapes. Their argument was elaborated in a Los Angeles Times op-ed by Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press.

• Read Plaintiffs’ brief responding to claims of witness intimidation >
• Read Plaintiffs’ reply brief responding to claims of witness intimidation >
• Read the Ninth Circuit’s advance notice of opinion filing >

###

Press Contacts

• Elizabeth Riel 310.560.4886 or elizabeth@afer.org
• Brandon Hersh 202.412.9766 or brandon@afer.org

About the American Foundation for Equal Rights

The American Foundation for Equal Rights is the sole sponsor of the Perry case. After bringing together Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and is now leading it through the 9th Circuit Court of Appeals before the case is brought to the United States Supreme Court. The Foundation is committed to achieving full federal marriage equality.

“The party of Lincoln and Reagan should stand first and foremost for freedom. It’s part of our heritage and ought to be part of our DNA. Freedom for Americans of all races is why our party was founded. And our greatest moments — from the unbelievable economic recovery unleashed by lower taxes and less regulation to the fall of the Berlin Wall — resulted when we promoted freedom.

Stripping away the right of adults in New Hampshire to marry the person they love is antithetical to freedom. If we really believe (and we should) that every citizen is endowed by their creator with the right to pursue happiness, shouldn’t this include the right to marriage? If we believe in limited government, how can we justify expanding the authority of the state to take away this most personal, fundamental right? Aren’t politicians already too involved in too much of our lives? Why would we want to expand government to such a personal space?

“Allowing New Hampshire citizens to marry the person they love isn’t just consistent with maximizing freedom. It also promotes responsibility, commitment and stability; it promotes family values…Why would we want to take away this right from anyone?

Read the full piece >

Los Angeles, CA – The American Foundation for Equal Rights (AFER) and Broadway Impact are proud to announce an all-star cast for the West Coast premiere of “8,” a play chronicling the historic trial in the federal constitutional challenge to California’s Proposition 8, written by Academy Award-winning screenwriter and AFER Founding Board Member Dustin Lance Black and directed by acclaimed actor and director and AFER Founding Board Member Rob Reiner.

• Tickets and sponsorships are on sale now >

“8” is an unprecedented account of the Federal District Court trial in Perry v. Schwarzenegger (now Perry v. Brown), the case filed by AFER to overturn Proposition 8, which stripped gay and lesbian Californians of the fundamental freedom to marry.

Black, who penned the Academy Award-winning feature film Milk and the new critically-acclaimed film J. Edgar, based “8” on the actual words of the trial transcripts, first-hand observations of the courtroom drama and interviews with the plaintiffs and their families.

“8” is set to have its West Coast premiere at the Wilshire Ebell Theatre on Saturday, March 3, 2012, in Los Angeles, for an exclusive, one-night-only fundraiser to benefit AFER.

Acclaimed White Collar television star Matt Bomer; Emmy Award-winning journalist Campbell Brown; Academy and Golden Globe Award-winner and Emmy Award-nominee George Clooney; Golden Globe Award-winner Jamie Lee Curtis; Emmy Award-nominee Jesse Tyler Ferguson; prominent gay rights activist Cleve Jones; Academy, Emmy and Golden Globe Award-winner Christine Lahti; Emmy and Golden Globe Award-winner Jane Lynch; Emmy, Golden Globe and Tony Award-nominee Matthew Morrison; Tony Award-nominee Rory O’Malley; Emmy Award-winner and Academy and Golden Globe Award-nominee Rob Reiner; Emmy and Golden Globe Award-winner Martin Sheen; Emmy Award-winner Yeardley Smith; and acclaimed Star Trek television and film star George Takei will star in the West Coast premiere of “8.”

• Tickets for this one-night-only event are on sale now >

“This play will continue to show Americans—one by one—that prejudice and fear cannot stand up to truth and justice,” said AFER Board President Chad Griffin.  “Try as they might, the anti-marriage proponents of Proposition 8 cannot hide their discriminatory arguments from the American people.  Until every citizen can equally enjoy the freedom to marry, AFER will continue to fight in the courts of law and the court of public opinion—and we will win.”

George Clooney and Martin Sheen will play plaintiffs’ lead co-counsel David Boies and Theodore B. Olson, the all-star attorneys who notably faced-off in Bush v. Gore.  Christine Lahti and Jamie Lee Curtis will play plaintiffs Kris Perry and Sandy Stier, a lesbian couple together for eleven years and the parents of four boys.  Matthew Morrison and Matt Bomer will play plaintiffs Paul Katami and Jeff Zarrillo, a gay couple together over ten years.

Jane Lynch will play prominent opponent of marriage equality Maggie Gallagher, co-founder and former chairman of the National Organization for Marriage.  Rob Reiner will play David Blankenhorn, founder and president of the Institute for American Values.

• Tickets and sponsorships are on sale now >

Additional casting will be announced soon.

The story for “8” is framed by the trial’s historic closing arguments in June 2010, and features the best arguments and testimony from both sides.  Scenes include flashbacks to some of the more jaw-dropping moments of trial, such as the admission by the Proposition 8 supporters’ star witness, David Blankenhorn, that “we would be more American on the day we permitted same-sex marriage than we were on the day before.”

“People need to witness what happened in the Proposition 8 trial, if for no other reason than to see inequality and discrimination unequivocally rejected in a court of law where truth and facts matter,” said Black.  “I’ve built my career around exposing and uncovering ‘the real story.’  The goal of ‘8’ is to show the world that marriage equality is a basic constitutional right and that those who would deny this basic freedom from loving, committed couples have only vitriol and baseless hyperbole to fall back on.  The facts are on our side and truth always finds the light.  We are doing all we can to help speed that process along.”

“8” had its much-heralded Broadway world premiere on September 19, 2011, at the sold-out Eugene O’Neill Theatre in New York City.  The production brought in over one million dollars to support AFER’s efforts to achieve full federal marriage equality.

Throughout 2012, AFER and Broadway Impact are licensing “8” for free to colleges and community theatres nationwide in order to spur action, dialogue and understanding.  Most productions will be followed by a talkback where cast and audience members can discuss the issues presented in the Perry v. Schwarzenegger trial.

Proposition 8 was struck down by the Federal District Court in August 2010.  That decision was appealed to the United States Court of Appeals for the Ninth Circuit by the anti-marriage proponents of Proposition 8.  AFER’s legal team was at the Ninth Circuit in December 2011 for a hearing to urge that court to unseal the trial video.  The American public was not given a chance to witness the historic trial because the Proponents launched a desperate attempt to forever hide the video recording of the trial.

A ruling on the constitutionality of Proposition 8 and the release of the trial video is expected soon.  The Perry case is widely anticipated to end up in the United States Supreme Court.

“I was lucky enough to watch the initial closing arguments of Perry v. Schwarzenegger in San Francisco,” said Broadway Impact co-founder Rory O’Malley (Tony Award-nominee for The Book of Mormon).  “We knew then and there that audiences needed to see and hear this story live, as we had done.  ‘8’ builds on a successful tradition of documentary theatre—plays like The Laramie Project and The Vagina Monologues, which inspire us with their combination of art and activism.  We are thrilled to partner with AFER to bring this story to a national audience.”

• Read the Los Angeles Times Exclusive >
• Visit the Official “8” Website >

###

Press Contacts

• AFER – Elizabeth Riel 310.560.4886 or elizabeth@afer.org
  Brandon Hersh 202.412.9766 or brandon@afer.org
• Broadway Impact – Sean Martin 516.480.6976 or sean@broadwayimpact.com

About the American Foundation for Equal Rights

The American Foundation for Equal Rights is the sole sponsor of the Perry case. After bringing together Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and is now leading it through the 9th Circuit Court of Appeals before the case is brought to the United States Supreme Court. The Foundation is committed to achieving full federal marriage equality. www.AFER.org

About Broadway Impact

BROADWAY IMPACT is a non-profit organization of theatre artists and fans mobilized in support of marriage equality.  Founded in 2008 by Tony Award-nominated performers Rory O’Malley (Book of Mormon), Gavin Creel (HAIR) and Production Coordinator Jenny Kanelos, BROADWAY IMPACT works to educate and inspire the theatre community into action.  Recent initiatives include helping to staff the phone banking efforts in New York State, creating a 3,000 piece letter writing campaign, gaining the funding for 1,400 supporters to attend the National Equality March and producing a rally for over 5,000 attendees in Midtown Manhattan where speakers included, Cynthia Nixon, Audra McDonald, David Hyde Pierce, Mayor Michael Bloomberg, and Governor David Paterson. BROADWAY IMPACT was awarded the 2009 Human Rights Campaign Community Award. www.BROADWAYIMPACT.com