Gus Van Sant’s gay-rights biopic Milk about the Sean Penn-played Harvey Milk of San Francisco released a short clip on election day featuring Penn’s Milk reminding everyone that “all men are created equal.”

Milk, which we’ll get to see when it bows into the box office on November 26th this year is the first fictional film to tell the story of Harvey Milk, a gay rights activist who is considered by most to be the first openly gay man elected to public office. The previous film about Milk, the documentary titled The Times of Harvey Milk, won an Academy Award at the ’84 Oscars for best documentary.

Thing is, in a world where Prop 8 has outlawed same-sex marriage in California, where the film takes place, it seems like Milk’s clip is a little too late to remind people that all men (and women) are created equal and have the right to be treated as such.