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Prop 8 attorney helping Romney campaign with debate prep

Olson’s assistance criticized as ‘completely counter’ to his marriage equality goals

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Ted Olson speaks at the Cato Institute

Former U.S. Solicitor General Ted Olson (Washington Blade file photo by Michael Key)

A lead attorney in the federal lawsuit against California’s Proposition 8 is facing criticism from a gay Democratic group for assisting the Romney campaign with debate preparation despite the ticket’s support for policies that would undo his work against the same-sex marriage ban.

Ted Olson, who’s been litigating against Prop 8 on behalf of the American Foundation for Equal Rights, is set to play the role of Vice President Joseph Biden in debate practice against Republican vice presidential nominee Paul Ryan. Buzzfeed and Politico reported the news Saturday morning, which was confirmed to the Washington Blade by Brendan Buck, a Ryan spokesperson working on the Romney campaign.

“Joe Biden has been in elected office for more than 40 years,” Buck said. “There are few people in politics with more experience debating the issues than Joe Biden, so we are taking this process seriously. Mr. Olson is one of the most skilled, intelligent, and successful litigators in America– just the kind of opponent needed to prepare the congressman for Mr. Biden.”

Buck said Olson will receive no compensation from the Romney campaign for his role impersonating Biden as part of debate preparation.

But Olson’s involvement with the Romney campaign came to the consternation of one LGBT group aligned with the Democratic Party.

Jerame Davis, executive director of the National Stonewall Democrats, said Olson’s assistance to the Romney campaign demonstrates the former solicitor general is “subject to the same cognitive dissonance” as other conservative who vote against their own interests in favor of ideological purity.

“After he has spent as much time, money, and reputation on overturning Prop 8 as he has, it’s shocking to learn that Ted Olson would lift a finger to help the Romney-Ryan ticket during debate prep,” Davis said. “The Romney-Ryan ticket stands completely counter to the goals of AFER and Ted Olson’s stated belief that Prop 8 should be overturned. I have always been concerned that the architect of Bush v. Gore was one of the lead attorney’s in the fight to overturn Prop 8, but I honestly never expected Olson to so blatantly contradict his own argument by supporting a ticket that would stand squarely in opposition to what he calls one of the most important cases of his career.”

Olson, who served as U.S. solicitor general under former President George W. Bush, isn’t a stranger to advocating on behalf of Republican presidential candidates. Olson was the lead attorney representing the Bush candidacy in Bush v. Gore, the lawsuit that helped Bush win his first term in the White House. David Boies, who’s partnering with Olson in the Prop 8 lawsuit, represented then-Democratic presidential nominee Al Gore in the lawsuit.

Since his time with the Bush administration, Olson has come out in favor of marriage equality — calling his work against Prop 8 the “highlight of my life” — and has spoken before LGBT groups about his support for same-sex marriage. As a result of the litigation that Olson has spearheaded, a U.S. district court in California and the U.S. Ninth Circuit Court of Appeals have ruled against California’s marriage ban. On September 20, Olson is set to be a keynote speaker at the National Log Cabin Republicans “Spirit of Lincoln” dinner in D.C.

Olson’s assistance with the Romney campaign is noteworthy because both Republican presidential candidate Mitt Romney and Ryan support policies that would contravene the attorney’s work against Proposition 8. The two candidates backs a U.S. constitutional amendment banning same-sex marriage throughout the country. In 2008, Romney donated $10,000 through a political action committee to the anti-gay National Organization for Marriage as part of efforts to pass the Prop 8 at the ballot.

An AFER spokesperson deferred to the Romney campaign for questions about why Olson was helping the Republican ticket even though the candidates back policies that directly conflict with the work of the organization. The Human Rights Campaign, which is now headed by AFER board member Chad Griffin, didn’t immediately respond to a request to comment even though HRC has endorsed President Obama in the presidential election.

Other LGBT and progressive groups had mixed reactions.

Rick Jacobs, chair of the progressive grassroots group the Courage Campaign, said he hopes Olson spends part of his time working with the Romney campaign to bring them to the other side on the issue of marriage equality.

“You would be hard pressed to find a Republican that has done more to advance the cause of marriage equality than Ted Olson,” Jacobs said. “You would be also hard pressed to find Republicans who would do more to rollback hard fought advances in LGBT rights than Mitt Romney and Paul Ryan. I have known Ted for more than 25 years and I know his commitment to equality is real and unshakable. I hope he spends some of the hours he will spend with Congressman Ryan educating him that this is the civil rights issue of our time and that he and his running mate stand squarely on the wrong side of history.”

Evan Wolfson, executive director of Freedom to Marry, responded to the news by saying he appreciates Olson’s work against Prop 8, but prefers Olson when takes on roles that are more favorable to marriage equality.

“It’s been striking, and effective, that someone as conservative as Ted Olson so strongly and eloquently supports the freedom to marry,” Wolfson said. “That said, I like it better when Ted plays Evan Wolfson.”

Jimmy LaSalvia, executive director of the gay conservative group GOProud, defended Olson by saying many conservatives support the Romney campaign and a Federal Marriage Amendment doesn’t have a shot passing even though Romney and Ryan support it.

“Ted Olson — like most conservatives — is focused on defeating Barack Obama and rebuilding our economy,” LaSalvia said. “The Federal Marriage Amendment didn’t have a chance of passing eight years ago, and it doesn’t have a prayer of passing now.”

Same-sex marriage could return to California soon depending on the decision of the U.S. Supreme Court later this month. If the Supreme Court declines to take up the appeal of the lawsuit, the Ninth Circuit decision overturning Prop 8 would stand, allowing gay couples to wed in California.

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National

Advocacy groups issue US travel advisory ahead of World Cup

Renee Good’s death in Minneapolis among incidents cited

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(Photo by fifg/Bigstock)

More than 100 organizations have issued a travel advisory for the U.S. ahead of the 2026 World Cup.

The World Cup will take place in the U.S., Canada, and Mexico from June 11-July 19.

“In light of the deteriorating human rights situation in the United States and in the absence of meaningful action and concrete guarantees from FIFA, host cities, or the U.S. government, the undersigned organizations are issuing this travel advisory for fans, players, journalists, and other visitors traveling to and within the United States for the June 2026 FIFA Men’s World Cup. World Cup games will be played in 11 different cities across the United States, which, like many localities, have already been the target of the Trump administration’s violent and abusive immigration crackdown,” reads the advisory that the Council for Global Equality and other groups that include the American Civil Liberties Union issued on April 23.  “The impacts of these policies vary by locality.”

“While the Trump administration’s rising authoritarianism and increasing violence pose serious risks to all, those from immigrant communities, racial and ethnic minority groups, and LGBTQ+ individuals have been and continue to be disproportionately targeted and affected by the administration’s policies and, as such, are most vulnerable to serious harm when traveling to and/or within the United States,” it adds. “This travel advisory calls on fans, players, journalists, and other visitors to exercise caution.”

The advisory specifically mentions Renee Good.

A U.S. Immigration and Customs Enforcement agent on Jan. 7 shot and killed her in Minneapolis. Good, 37, left behind her wife and three children.

The full advisory can be read here.

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State Department

Democracy Forward files FOIA request for State Department bathroom policy records

April 20 memo outlined anti-transgender rule

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(Photo courtesy of the Library of Congress)

Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.

A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.

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Federal Government

House Republicans push nationwide ‘Don’t Say Gay’ bill

Measures would restrict federal funding for LGBTQ-affirming schools

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(Washington Blade photo by Michael Key)

Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.

Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.

The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.

The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.

It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”

LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.

A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.

Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.

David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”

This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.

The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.

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