The shadow of the Mormon church looms large in "Church & State," a new documentary by Holly Tuckett and Kendall Wilcox. The film is now available on DVD and streaming at Vudu and Amazon Prime. It tells the story of how Mark Lawrence, an inexperienced gay activist, along with a small law firm in Salt Lake City, took on Amendment 3, Utah's ban on same-sex marriage that was passed by voters in 2004.
When Lawrence decided to challenge the ban, it was an accepted fact of life in Utah that same-sex marriage would never be. Lawrence took on this challenge because he wanted to make his mark. A former San Franciscan, he had remained quietly in the background during the AIDS crisis, and felt that bringing down Amendment 3 would be his big shot at doing something positive for the community. Lawrence found a small Salt Lake law firm, Magleby and Greenwood, that was willing to take on the case for $1 million. M&G ended up absorbing most of the cost of the suit.
For Peggy Tomsic, one of the lawyers in the case, the suit was very personal. Tomsic was in a same-sex relationship with her longterm partner. The two wanted very much to marry, and Tomsic wanted to adopt her partner's son. Several couples were found who would serve as the plaintiffs in the case.
Much of the film focuses on the influence of the Mormon Church on Utah's day-to-day life; little happens at the state capitol without the Church's approval. Church activists are seen campaigning against marriage equality, always emphasizing that marriage is "eternal" and that those in same-sex relationships will not be included in the church's eternal family after they die. Church activists claim that they mean the gay community no harm, yet more often than not, their choice of words crosses the line into hate.
"Church & State" also offers a bit of insight into the history of the Mormon Church. Polygamy was part of the church's culture in the distant past, and church members felt the sting of prejudice due to this. They had to give up polygamy in order to be accepted into American society. Once persecuted, they had become the persecutors.
Much to the surprise of the lawyers, the plaintiffs and the Church, US District Court Judge Robert Shelby ruled that Amendment 3 was unconstitutional, paving the way for hundreds of same-sex couples in Utah to marry, including Tomsic and her partner. But the Church filed a stay of the order, and the case made its way to the 10th Circuit Court of Appeals in Denver.
Lawrence, meanwhile, the man who started it all, found himself pushed into the background because his often-abrasive personality got on everyone's nerves. Lawrence was unhappy that what he called "professional homosexuals" from national gay organizations were involving themselves in the case.
The plaintiffs eventually emerged victorious at the Court of Appeals, helping to pave the way for the US Supreme Court's landmark ruling in 2015 legalizing same-sex marriage nationwide.
Much of "Church & State" plays out like a suspense drama, and the film is suspenseful even though the outcome of the lawsuit is known before it begins. It includes interviews with Lawrence, the plaintiffs, and the attorneys, though the Mormon Church did not respond to the filmmakers' requests for interviews. The Church's anti-gay views are heard in archival footage, in clips from local Salt Lake City news broadcasts, and in candid footage shot at public rallies.
"Church & State" is a fascinating film, which documents an important chapter in the fight for marriage equality. It should be seen. With the resurgence of the religious right in the era of Donald Trump, the fight may not be over.