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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

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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