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Prop 8 opponents: Calif. civilians can’t defend case against state

Supporters of anti-gay law attempting to jump in to defend it after the state chose to stay out

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Today the California Supreme Court heard oral arguments over whether or not under state law civilian supporters can take the place of the state, specifically in the Federal case challenging anti-marriage equality Proposition 8.

The hour long hearing was followed by press conferences in which both sides expressed pleasure in the outcome. The court, however, still has 90 days to come to a decision, and both opponents and supporters of Proposition 8 will be watching closely for any indication that that decision is ready.

In August of last year, Federal Court Judge Vaughn Walker found unconstitutional Proposition 8, the law barring marriage between two adults of the same sex created after a November 2008 ballot measure, ruling in favor of plaintiffs represented by the organization American Foundation for Equal Rights. The attorneys leading the charge against the law are former President Bush solicitor general Ted Olson, and former Al Gore lawyer David Boies who in 2000 faced off in Bush v. Gore. While plaintiffs are seeking to restore marriage equality to California, proponents of the measure are attempting to appeal Judge Walker’s ruling.

The 9th Circuit Federal Court of Appeals put the case, Perry v. Brown (formerly Perry v. Schwarzenegger) on hold in January after both Governor Jerry Brown and Attorney General Kamala Harris refused to defend the law in court citing their own constitutional objections. When concerned citizen groups hoping to keep the law on the books attempted to fill in for the state to defend the law, the 9th Circuit asked the California Supreme Court to rule on whether or not the concerned groups can in fact defend the law in place of the state. The legal principle at question is “standing,” which Law.com defines as “the right to file a lawsuit or file a petition under the circumstances.”

Though the 9th Circuit will make the ultimate decision, the appeals certified a question to the State Supreme Court of California on whether state law allows proponents of the ballot initiative to have the right to represent the state in the appeal in place of the state officials themselves. In February the California Supreme Court agreed to address the 9th Circuit’s question which led to today’s hearing.

If the State Supreme Court decides that the interest groups — which include a well-funded conservative website called ProtectMarriage.com — can indeed take the place of the state in defending the law, the 9th Circuit is expected to follow the guidance, allowing the case to proceed through the 9th Circuit despite the non-involvement of any agents of the state. Likewise, if the California Supreme Court decides against the proponents of Proposition 8, the 9th Circuit is expected to concur, which will end the appeals process at Judge Walker’s decision overturning the law.

The Proposition 8 ballot measure was passed in reaction to a decision by the California Supreme Court earlier in 2008 overturning the state’s ban on same-sex marriages, which allowed roughly 18,000 same-sex couples to marry in California during the short window prior to the election. The Supreme Court has since upheld those marriages as valid, though new marriages can not be recognized as a consequence of the proposition. The state also passed a law following the passage of Prop 8 that allows the state to recognize same-sex marriages performed outside of California during that same short window.

Arguing for the proponents of Prop 8, Charles Cooper argued that the interest groups would be given standing if this were a state court case, while Justices weighed whether or not the same standard ought to apply in this Federal Court matter.

Ted Olson (Washington Blade file photo by Michael Key)

Ted Olson, arguing for the plaintiffs, focused on the lack of precedent for such an intervention by an interest group, and claimed finding in favor of the Prop 8 proponents and granting their right to appeal would mean, essentially “amending” the California Constitution. He also argued that allowing Prop 8 proponents to take the place of the state in the case would set a dangerous precedent undermining the authority of the California Attorney General to make such decisions.

“Initiative proponents are elected by no one,” Olson told the justices, as reported by Adam Bink of Courage Campaign and Kate Kendell of the Center for Lesbian Rights. “Proponents took no oath to represent the people.”

When asked what the particular interest the proponents of Prop 8 had in continuing to defend the case, Charles Cooper responded to the justices, “Our interest is to protect and defend our fundamental right to propose initiatives. We have to defend that.”

In response, the justices asked “Doesn’t that right arise before the initiative is qualified?”

“This court has never recognized any distinction between before and after enactment,” Cooper responded. “That wouldn’t make any sense. What the proponents have a right to do is propose valid constitutional amendments. It is inescapable that they then have the right to defend that measure, before OR after enactment.”

However, before his time expired, Ted Olson did his best to counter Cooper’s claims.

“They sure spent a great deal of time and money, and exercised their power to ‘propose and enact.’ What they’re asking for is the power to represent themselves because of a particularized interest, which they don’t have,” Olson argued. “My understanding of California law and case law is that the legislature doesn’t have the power to defend legislation in court unless it specifically deals with the legislative power itself. There is no case, and Cooper agrees there is no case, in which the legislature has the power the proponents are claiming here. I think the initiative power is important, but the constitution of California fundamentally limits the power of the initiative and initiative proponents to exercise their right to propose and defend, that’s it.”

After the hearing, representatives from the American Foundation for Equal Rights were confident and expressed pleasure with the hearing.

“Good justices ask hard questions,” Olson said after the hearing, according to Bink and the Courage Campaign. Olson expressed pleasure with the Supreme Court justices, but emphasized he believes that no matter which direction the Supreme Court decides, the opponents of Prop 8 will prevail.

“We’re sure the US Supreme Court will agree with us,” Olson concluded.

Legal Director from Lambda Legal, Jon Davidson seemed to concur.

“It is often impossible to predict from the questions asked by appellate judges how they will rule and today was no different,” Davidson said in a statement. “All of the judges on the California Supreme Court asked probing questions and seemed concerned about the implications of any decision they might make. We continue to hope that the Court will ultimately decide that small groups of unelected individuals who are answerable to no one should not be able to act on behalf of the state.”

However, Shannon Minter legal director of the National Center for Lesbian Rights, who has argued before the California Supreme Court in favor of same-sex marriage, struck a more cautious tone when discussing her reaction to the hearing with veteran LGBT community journalist, Karen Ocamb.

“I was concerned by the tenor of many of the justices’ questions today,” Minter told Ocamb. “The court has a responsibility to enforce the California Constitution, which gives elected state officials—not private initiative sponsors—the authority to decide whether to appeal a federal court decision invalidating a state law.”

Minter continued, “Both conservative and progressive elected officials have occasionally exercised that discretion in the past by choosing not to expend state resources to defend invalidated measures. Permitting special interest groups to usurp that decision-making authority would dramatically change the current law and take a giant step down the road of turning California into a mobocracy.”

Minter expressed concern that a decision in favor of the Prop 8 proponents could have far reaching effects, going beyond just LGBT issues.

“I was disappointed that, with some notable exceptions, too many of the court’s questions today did not address the specific legal questions before them, but rather seemed to glorify the initiative process in the abstract and to abdicate a searching examination of the California Constitution in favor of emotional appeals to ‘the people.’ The initiative process is already frequently misused to target vulnerable groups, due in part to the Court’s past reluctance to enforce any meaningful limits on the process, even when those limits are mandated by the California Constitution,” Minter concluded.

“I sincerely hope the Court does not compound that mistake by now giving initiative proponents an unprecedented new power to step outside of their proper legislative role and usurp the power that our Constitution gives only to elected state officials in the executive branch.”

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Texas

Talarico beats Crockett in Texas primary

Pro-LGBTQ seminarian hopes to turn seat blue

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Texas state Rep. James Talarico (Screen capture via James Talarico/YouTube)

Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.

Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.

“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”

With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.

Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.

“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”

Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.

“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”

Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.

Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.

In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.

In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.

“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”

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Peter Thiel’s expanding power — and his overlap with Jeffrey Epstein

Gay billionaire’s name appears 2,200 times in files, but no criminality alleged

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Peter Thiel (Washington Blade photo by Michael Key)

There are few figures in modern politics whose reach extends across Silicon Valley, Wall Street, and Washington, D.C., as Peter Thiel’s.

A billionaire venture capitalist, Thiel built his fortune at the dawn of the internet age and has since positioned himself at the highest levels of U.S. technology, finance, and national defense infrastructure. He is best known as a co-founder of PayPal, an early investor in Facebook, and the co-founder of Palantir Technologies — a data analytics firm that maintains significant contracts with U.S., U.K., and Israeli defense and intelligence agencies.

Over the last two decades, Thiel has also built an interconnected network of investment vehicles — Clarium Capital, Founders Fund, Thiel Capital, Valar Ventures, and Mithril Capital — giving him influence over emerging technologies, political candidates, and ideological movements aligned with his worldview. Through these firms, Thiel has backed companies in artificial intelligence, defense technology, biotech, cryptocurrency, and financial services, often positioning himself early in sectors that later became central to public policy debates.

Born in Frankfurt, West Germany, in 1967, Thiel immigrated to the United States as an infant. He later attended Stanford University, earning a degree in philosophy before graduating from Stanford Law School in 1992. As an undergraduate, he founded The Stanford Review, a conservative student publication that opposed what it described as campus “political correctness.” The paper became a platform for combative and contrarian arguments that previewed themes Thiel would revisit in later essays and speeches about elite institutions, democracy, and technological stagnation.

Thiel’s professional ascent coincided with the explosive growth of the dot-com era. In 1998, he co-founded PayPal, helping pioneer digital payment systems that would become foundational to online commerce. When the company was sold to eBay in 2002 for $1.5 billion, Thiel emerged a multimillionaire and part of what would later be known as the “PayPal Mafia” — a loose but influential network of founders and early employees who went on to launch or invest in some of Silicon Valley’s most dominant firms.

In 2004, Thiel made one of the most consequential investments of his career, providing $500,000 in seed funding to Facebook, then a fledgling social network founded by Mark Zuckerberg. He became the company’s first outside investor and later served on its board. That early bet proved extraordinarily lucrative and cemented Thiel’s status as a major venture capitalist with a reputation for identifying transformative platforms before they reached scale.

The same year, he co-founded Palantir Technologies. Initially backed in part by In-Q-Tel, the CIA’s venture capital arm, Palantir developed software — including its Gotham platform — designed to help defense, intelligence, and law enforcement agencies integrate and analyze massive datasets. The company’s tools allow users to map relationships, identify patterns, and visualize complex networks across financial records, communications data, and other digital trails.

Over time, Palantir secured billions of dollars in public-sector contracts. It has worked with the U.S. Department of Defense, Immigration and Customs Enforcement, the Centers for Disease Control and Prevention, and allied governments abroad. Public reporting has documented that its global government contracts exceed $1.9 billion, including agreements with Israeli defense entities — relationships that reportedly expanded following the Oct. 7 attacks in Israel. Critics have raised concerns about civil liberties and surveillance, while supporters argue the company provides essential national security tools.

By the mid-2000s, Thiel was no longer simply a wealthy entrepreneur. He was a financier operating at the intersection of capital, advanced technology, and government — with investments embedded in some of the country’s most sensitive security systems. His political giving would later extend that influence further, including support for candidates aligned with his populist and nationalist leanings– notably Donald Trump in 2016.

As his wealth and influence expanded, so too did his proximity to other powerful — and, in some cases, controversial — figures in global finance.

Among them was Jeffrey Epstein.

Thiel’s name appears more than 2,200 times in documents released so far by the U.S. Department of Justice related to Epstein. A name appearing in legal filings does not, by itself, indicate wrongdoing. However, the extensive references illustrate that Epstein’s social and financial network intersected with elite figures in technology, academia, politics, and finance — including individuals connected to Thiel’s business and philanthropic circles.

Epstein’s legal troubles became public in 2005, when police in Palm Beach, Fla., investigated allegations that he had sexually abused a minor. In 2008, he pleaded guilty in state court to soliciting prostitution from a minor under a plea agreement that was widely criticized as unusually lenient. He served 13 months in county jail with work-release privileges and was required to register as a sex offender. Comparable federal charges can carry significantly longer sentences.

Despite that conviction, Epstein continued to maintain relationships with prominent business and political figures for years. The extent to which members of elite networks remained in contact with him after his guilty plea has been the subject of extensive scrutiny.

Documents released by the Justice Department indicate that individuals connected to Thiel’s philanthropic and investment circles communicated with Epstein after his conviction. One document shows an invitation, sent on behalf of the Thiel Foundation, for Epstein to attend a technology event in San Francisco. Additional financial records and reporting indicate that between 2015 and 2016, Epstein invested approximately $40 million in funds managed by Valar Ventures, one of Thiel’s firms. Other records reflect meetings and correspondence, at times arranged through intermediaries. Epstein also extended invitations to his Caribbean residence.

There is no evidence that Thiel was involved in Epstein’s criminal conduct. The documented interactions do, however, show numerous planned meetings between the two both in the Caribbean (where Epstein’s infamous island is located) and across the world, while also raising questions about why business relationships continued after Epstein had pleaded guilty to a sex offense involving a minor and was a registered sex offender. For critics, that continued engagement speaks to the insular nature of elite finance, where access to capital and networks can override reputational risk.

Palantir represents another overlap. In emails made public through Justice Department releases, Epstein referenced Palantir in correspondence with Ehud Barak, the former Israeli prime minister who also maintained ties to Epstein. The emails do not indicate that Epstein had operational involvement in Palantir or access to its systems, however, they show that he discussed one of Thiel’s most strategically significant companies — a firm deeply integrated into Western defense and intelligence systems — with senior political figures abroad.

Separately, Thiel’s long-running dispute with Gawker Media offers additional insight into how he has exercised power outside traditional political channels.

After Gawker published an article in 2007 that publicly identified Thiel as gay, he later secretly funded litigation brought by professional wrestler Hulk Hogan over the outlet’s publication of a sex tape. The lawsuit resulted in a $140 million judgment against Gawker, which ultimately filed for bankruptcy. Thiel later confirmed his financial backing of the case, framing it as a defense of privacy and a response to what he considered reckless media behavior.

The episode demonstrated Thiel’s willingness to deploy substantial financial resources strategically and, at times, discreetly. It also illustrated how wealth can be used to influence institutions — whether through venture capital, political donations, or litigation.

Taken together, the record does not establish criminal liability for Thiel in connection with Epstein. It does, however, situate him within a dense web of elite finance, national security contracting, political influence, and reputation management. As additional documents related to Epstein continue to emerge, that web — and the decisions made within it — remains a subject of public interest and ongoing scrutiny.

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Supreme Court deals blow to trans student privacy protections

Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.

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Transgender rights activists protest outside the Supreme Court in early 2026. (Washington Blade Photo by Michael Key)

The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.

The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.

The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.

The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.

Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.

Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.

The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.

“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”

In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”

Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.

The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.

The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.

California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.

The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

President Donald Trump acknowledges Sage Blair, pictured second from left, during his speech at the State of the Union on Feb. 24. (Washington Blade photo by Michael Key)

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.

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