The real Stacie Andree, Dane Wells and Steven Goldstein can be seen as extras in the film. Stacie can be seen wearing a black cardigan behind Elliot Page (who portrays her) in the third Freeholder meeting, sitting in the right aisle seat of the second row. Dane portrays the police officer, between two taller officers, who is handed a box of ashes. Steven can be seen in the second Freeholder meeting, seated behind Steve Carell (who portrays him), holding a red sign and seated in the aisle seat of the right side second row (the same seat that the real Stacie Andree can be seen in, later in the film).
Screenwriter Ron Nyswaner wanted to tell the story of Laurel Hester's legal battle after seeing Cynthia Wade's Oscar-winning documentary short.
Although the film is set in New Jersey, it was filmed in New York due to its more generous tax incentives for filmmakers.
Salesian High School in New Rochelle, NY denied a scene to be filmed there due to the films dialogue and their religious views on homosexuality.