As a law school student at Yale, Jeremy Goldman was enraptured by David Boies‘ commanding, if losing, performance in Bush v. Gore, the U.S. Supreme Court case that reversed the Florida Supreme Court’s request for a ballot recount, awarding the state’s 25 electoral votes–and the 2000 presidential election–to George W. Bush. So enraptured, in fact, that he sought and scored a gig working with Boies’ firm, Boies Schiller, in its Oakland office. When Proposition 8–the 2008 amendment that ruled that same-sex couples could not marry in California–started heating up, Goldman asked Boies to become involved, eventually earning a spot as second chair to Boies at the 2010 trial to overturn Prop 8. “I would say that the trial compellingly demonstrated that no evidence supports the arguments in favor of Proposition 8,” Goldman told us in March.
Unfortunately, the country didn’t get a chance to see that evidence. Unlike other high-profile cases, such as the recent Casey Anthony murder trial, the Proposition 8 trial was not broadcast.
Now that evidence may play out for all to see. The New York Times reported this week that “8,” a new Broadway show written by Academy-Award Winner Dustin Lance Black (Milk) will premiere in September. Both Boies and co-counsel Theodore Olsen will be characters in the play.
“8” draws its inspiration from the legal transcripts from the 2010 trial. “I haven’t seen the script, but in my view it’s a wonderful idea,” Goldman told us this week. “This is a case that affects the lives of thousands and thousands of people. The trial transcripts are a public record, but it’s a record that many people haven’t seen, so I think Lance Black is doing something important and very meaningful by making it accessible to more people.”
Goldman added: “We currently have a pending motion to unseal the trial video. When people see what Judge Walker saw–and they can see for themselves the evidence we put on, and how little the proponents had to offer in defense of Proposition 8–more and more of them will agree that the Constitution does not permit this kind of discrimination.”
The case is currently on appeal.