An unconstitutional proposition. An unprecedented decision. An all-star production. THE AMERICAN FOUNDATION FOR EQUAL RIGHTS Dustin Lance Black Bruce Cohen Chad H. Griffin Jonathan D. Lewis Kenneth B. Mehlman Michele Reiner Rob Reiner Adam Umhoefer and BROADWAY IMPACT Gavin Creel Jenny Kanelos Rory O’Malley present written by Dustin Lance Black with Bob Balaban Ellen Barkin Matt Bomer Campbell Brown Anthony Edwards K. Todd Freeman Morgan Freeman Jayne Houdyshell Cheyenne Jackson Jay Armstrong Johnson Larry Kramer Christine Lahti Ken Leung John Lithgow Rory O’Malley Rob Reiner Ben Rosenfield Kate Shindle Yeardley Smith Stephen Spinella Bradley Whitford Scenic Design Lighting Design Projection Design Sound Design Scott Pask Benjamin Travis Howard Werner Brian Ronan Press Representative Advertising Researcher Boneau/Bryan-Brown SpotCo Kate Sullivan Gibbens Production Stage Manager Production Management Company Manager William Joseph Barnes Aurora Productions John E. Gendron Casting General Management Executive Producers Telsey + Company & Alan Wasser • Allan Williams Jenny Kanelos Jane Jenkins, CSA Aaron Lustbader Lane Marsh Adam Umhoefer directed by Joe Mantello Setting the Scene On election day 2008, Proposition 8 re-wrote the California state constitution to ban marriage for gay and lesbian citizens. In response, two couples, Sandy Stier & Kristin Perry and Jeff Zarrillo & Paul Katami, filed suit against Proposition 8 in Federal Court. Representing them were Ted Olson and David Boies, most famous for representing the opposing sides in Bush v. Gore. Olson and Boies argued in favor of broadcasting the trial live, and Republican-appointed Chief Judge Vaughn Walker agreed. But the opponents of marriage equality filed an emergency appeal to the Supreme Court of the United States, which blocked plans to broadcast the proceedings. Thus, the nation has been denied access to the live testimony of Sandy & Kristin and Jeff & Paul ... until today. What followed were twelve days of testimony in January of 2010, drawing crowds that spilled into overflow rooms, as well as many millions more who followed every moment online. These are the words, the witnesses, the testimony and the trial that the proponents of Proposition 8 fought so hard to keep from public view. The play begins on June 16, 2010, at the closing arguments of Perry v. Schwarzenegger. Epilogue On August 4, 2010, the Federal Court ruled that Proposition 8 was unconstitutional and could not stand. Weighing the overwhelming evidence presented by AFER’s legal team and expert witnesses against the weak testimony of anti-marriage activists, the court was left with one choice. Based on the evidence, based on the sworn testimony and based on the law, the court ruled in our favor. But our work is not done. The proponents of Proposition 8 continue their efforts to uphold state- sponsored discrimination. They appealed the District Court’s decision. They tried to have the ruling overturned based on nothing but homophobia and bigotry. They continue their fight, so we continue ours. As the case progresses through the legal system, we look forward to pursuing full federal equality all the way to the Supreme Court of the United States, where we will win. And at every step of the way, standing behind us are millions of supporters: patriots like you who realize that any denial of freedom -- on any grounds -- undermines the principles upon which this country was founded. Tonight, we come together not just to witness history, but also to make it. Throughout our country’s past, America has changed for the better when courts protected the funda- mental American principles of liberty and justice for all. The American Foundation for Equal Rights was founded on our unwavering conviction that those fundamental principles unquestionably include full federal recognition of the freedom to marry. To make that conviction a reality, AFER engaged a bipartisan legal dream-team, led by world-class co- counsels Ted Olson and David Boies, and launched one of the strongest public awareness campaigns for marriage equality in recent memory. At every step of the way, our legal strategies and public outreach work in concert. Since the landmark victory, when Prop. 8 was declared unconstitutional, seven national polls have shown steady majorities supporting the freedom to marry for all. Although it’s easy to focus on our courtroom win, that’s only half of the story. In Federal District Court, we proved that Prop. 8 violates the equal protection and due process clauses of the United States Constitution. We are just as dedicated to a victory in the court of public opinion. Our opponents continue to fight tooth-and-nail to hide the video recording of the Prop. 8 trial. But their campaign of secrecy cannot survive in the face of our greatest strength: telling our stories proudly, openly, and honestly. Dustin Lance Black’s brilliant script, based on the actual transcripts of the trial, carries our victory beyond the courtroom. Beginning tonight on Broadway, the show will reverberate through communi- ties across the country, touching Americans’ hearts and minds. We owe a debt of gratitude to our plaintiffs -- Kris & Sandy, and Paul & Jeff -- and to their families, who have selflessly stood up for what is right. I want to thank my fellow Board of Directors (Dustin Lance Black, Bruce Cohen, Kenneth Mehlman, Jonathan Lewis and Michele Reiner & Rob Reiner), Senior Project Director Adam Umhoefer, the AFER staff, our legal team, and the bipartisan coalition of gay and straight donors who make our work possible. We give particular thanks to David Geffen and Steve Bing, champions of equality whose founding major gifts allowed us to turn a passion for equality into action and success. Special thanks also to our partners at Broadway Impact, Joe Mantello, and the magnificent cast for making tonight possible; to Dustin Lance Black for masterfully capturing the stories embedded within the trial transcripts; and to Michele Reiner and Bruce Cohen for their extra efforts to make tonight’s production a success. By helping to share the story of the fight for equality, you become a part of it. Tonight, you will see what your support means for our case, our plaintiffs, and for Americans everywhere whose dream of liberty and justice for all is within reach. The dark walls of discrimination are crumbling quickly -- this play shows why. Thank you for your continued support. Chad H. Griffin Board President American Foundation for Equal Rights Thank you to tonight’s sponsors Alan Wasser Associates Jonathan D. Lewis AM New York Toby Devan Lewis John & Mike August Daniel S. Loeb Steve Bing Kenneth B. Mehlman Boies, Schiller & Flexner LLP Garrett & Mary Moran Dustin Lance Black Katie McGrath & JJ Abrams Michael R. Bloomberg Mary Kathryn & Alex Navab Mary & David Boies The Palette Fund Boneau/Bryan-Brown Adam Press Calamus Foundation Michele & Rob Reiner Bruce Cohen & Gabe Catone David Richenthal & Dini von Mueffling Deloitte LLP Jay Sammons & Nir Liberboim Emerson Collective Frank Selvaggi & Bill Shea Roland Emmerich Simpson Thacher + Bartlett LLP Todd & Christine Fisher Paul E. Singer David Geffen Michael Smith & James Costos Gibson, Dunn & Crutcher LLP Yeardley Smith Goldman, Sachs & Co. Ted Snowdon & Duffy Violante Chad H. Griffin Time Warner Inc. Griffin|Schein Brian S. Snyder Allison Grover & Susie Scher Sir Deryck & Lady Va Maughan Jujamcyn Theaters Diane von Furstenberg & Barry Diller KPMG LLP Weil, Gotshal & Manges LLP Lyn & Norman Lear Barb Young Special Thanks Actors Equity Association Pat Marcus William Joseph Barnes Linda Marvel Stephanie Berger Masque Sound-Dennis Short Lara Bergthold Rachel S. McCutchen David Berlin Audra McDonald Boies, Schiller & Flexner LLP Adam Miller Chris Boneau Jeffery Morris The Book of Mormon Lane Marsh Broadway Cares/Equity Fights AIDS Scott Pask Will Cantler Diane Paulus Karyn Casl The Pearl New York Larry Cook Tim Pinckney Chris Cormier Greg Pierotti Daedalus Design and Production Inc. Joe Pisarchick Mike Davis PRG Video-Darren DeVerna J. Dallas Dishman The Public Theater E&E Grill House Frank Quintero Oskar Eustis Mark Adam Rampmeyer Seth Farbman Greg Reiner James Fitzsimmons Brian Ronan Leigh Fondakowski Ilene Rosen Brandalyn Fulton Jordan Roth John E. Gendron Vinny Sainato Jenny Gersten Tom Schumacher Gibson, Dunn & Crutcher LLP Seasons Floral Design Studio Get Services Mark Shacket Kate Sullivan Gibbens Stephanie Sherline Mindy Goldstein Bridget Siegel Wanda Gregory Chris Sloan Randi Grossman Richard Socarides Mandy Hackett Spoon Group Anthony Hayes David Stone Ben Heller Michael Strassheim Jake Hirzel Marge Tabankin HMS Media Mike Taylor Drew Hodges Bernard Telsey Micah Hollingworth Stuart Thompson Y-vonne Hutchinson Benjamin Travis Paul Jeffery Tzell Travel Jane Jenkins Tom Viola Barry Dale Johnson Diana Walker Lisbeth Kaiser Alan Wasser Alycia Kelly Annie Mullaly Weir Michael Lawrence Howard Werner Jeff Livney Allan Williams Aaron Lustbader Paul Yandura Joe Machota Mary Cate Zipperich Joe Mantello About the Cast BOB BALABAN (Chief Judge Vaughn Walker) recently received an Emmy nomination for directing Joan Allen and Jeremy Irons in Georgia O’Keeffe (Lifetime). He received three 2008 Emmy Award nominations, two for directing and producing the HBO film Bernard and Doris, star- ring Susan Sarandon and Ralph Fiennes, the third for his performance in Recount. Other directing credits include The Last Good Time (starring Armin Mueller-Stahl and Maureen Stapleton) and Parents (with Randy Quaid and Sandy Dennis). He produced and co-starred in the Academy and BAFTA award-winning filmGosford Park. His acting career spans nearly one hundred films includingHowl, Capote, A Mighty Wind, Ghost World, Best in Show, Cradle Will Rock, Waiting for Guffman, Absence of Malice, Prince of the City, Close Encounters of the Third Kind, Catch-22, Midnight Cowboy and the upcoming Moonrise Kingdom, directed by Wes Anderson. His theatre appearances include Plaza Suite, The Inspector General (Tony Award nomination), Speed the Plow, You’re a Good Man Charlie Brown, Marie and Bruce and Some Americans Abroad.