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Prop 8 attorneys confident court will strike down marriage ban

Olson hopes U.S. gov’t will take part in lawsuit

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Ted Olson, gay news, Washington Blade
Ted Olson speaks at the Cato Institute

Ted Olson said U.S. government intervention in the Prop 8 case would have “great effect’ on its outcome (Washington Blade file photo by Michael Key)

The organizers behind the lawsuit challenging California’s Proposition 8 are excited and optimistic about the prospects for a Supreme Court ruling against the anti-gay measure as one attorney on the team said he hopes the Obama administration will assist in the effort.

Ted Olson, a co-counsel in the Prop 8 lawsuit, made the remarks during a conference call on Friday in response to a question from Politico’s Josh Gerstein. Olson said a friend-of-the-court brief from the Justice Department would have “great effect” in the effort to overturn Prop 8.

“I would hate to predict what the United States government is doing, but given the stand the president of the United States and the attorney general of the United States made with respect to marriage equality, we would certainly hope that they would participate,” Olson said. “And I’m quite confident that if they did participate, they would support our position in this case because the denial of equal rights is subject to close scrutiny by the courts and cannot withstand that scrutiny.”

Olson said if the Obama administration were to file a brief before the Supreme Court in the Prop 8 case, it would do so at about the same time it would file a brief in the DOMA case. The Justice Department has already filed briefs against DOMA in lower courts.

The Obama administration has thus far stayed out of the Prop 8 case. Asked in September by the Washington Blade whether the U.S. government would weigh in, White House Press Secretary Jay Carney had no comment and Nanda Chitre, a spokesperson for the Justice Department, said, “We are not a party to this litigation and would decline further comment.”

That might change now that the Supreme Court has taken up the case. Like other interested parties, the Justice Department will have an opportunity to file a friend-of-the-court brief in the upcoming days as the court accepts other briefs in the lawsuit.

The organization behind the lawsuit, the American Foundation for Equal Rights, held the conference call in the wake of the Supreme Court’s decision to take up the Prop 8 case as well as one of the cases against the Defense of Marriage Act known as Windsor v. United States.

Olson was confident about a positive outcome for same-sex couples, saying the denial of their marriage rights will receive significant attention simply by being before the Supreme Court.

“We have an exhaustive record on which to build this case, and it will be an education for the American people,” Olson said. “We are very confident the outcome of this case will be to support the rights of our gay and lesbian brothers and sisters.”

David Boies, co-counsel in the lawsuit, said the decision of the Supreme Court to take up the case means only a short time remains before a final resolution is reached in the Prop 8 case.

“We are now literally within months of getting a final resolution of this case that began three-and-a-half years ago,” Boies said. “I think we are encouraged and excited about the prospect that we will finally get a decision on the merits with respect to marriage equality. This is a momentous case; I think the attention that it has already received by the Supreme Court indicates their recognition of the importance of this issue.”

Human Rights Campaign President Chad Griffin, who co-founded AFER, also expressed excitement about the prospects of a victory at the Supreme Court on the conference call.

“Today is nothing short of a milestone moment, quite frankly, for equality,” Griffin said. “We are gratified that the court has taken this challenge to Prop 8. We should also mention the challenge to the ridiculously named Defense of Marriage Act. Millions of loving couples — married and unmarried — have been waiting for their day in court, and now they’re finally going to have it.”

Also taking part in the conference call were the two plaintiff couples in the case: Kris Perry and Sandy Stier, who tried to obtain a marriage license in Alameda County, as well as Jeff Zarrillo and Paul Katami, who tried to obtain a marriage license in Los Angeles.

Had the Supreme Court decided not to take up Prop 8, a U.S. Ninth Circuit Court of Appeals ruling against the measure would have been allowed to stand and same-sex marriage would have returned to California.

But plaintiffs in the case didn’t express disappointment. Asked whether she’s unhappy the Supreme Court took up the case, Perry replied, “You may find this a little surprising: the answer is ‘no’.”

“We’ve always been very patient and understanding of this process,” Perry said. “We always wanted the biggest, boldest outcome possible, and that can only happen if the Supreme Court listens to the case.”

Stier echoed those remarks, saying she feels “zero disappointment,” but instead hope that areas affected by discrimination other than in California will obtain relief as a result of the case.

Also during the conference call, Olson and Boies answered questions about the the Supreme Court’s request for additional briefings on whether opponents of Prop 8 have standing to defend the law in court. California state officials aren’t defending the law in court, and anti-gay groups have taken up defense of the anti-gay measure instead.

Olson said that question may present an opportunity for the Supreme Court to strike down Prop 8 on the grounds that anti-gay groups can’t defend the law in court as opposed to deciding the case on the merits. Such a ruling would abrogate a ruling against Prop 8 from the Ninth Circuit that allowed anti-gay groups and let stand a district court ruling against the measure.

“If the court were to decide this on standing as far as the Perry case is concerned, that would reinstate the 134-page opinion from District Judge Vaughn Walker, which decided all of the issues comprehensively in favor of the constitutional rights of marriage equality,” Olson said.

Asked by Buzzfeed’s Chris Geidner whether attorneys would actively argue that proponents of Prop 8 don’t have standing in court, Boies said that would indeed be the case.

“We will be making the standing argument,” Boies said. “We think the standing argument is strongly supported by existing Supreme Court precedent.”

The Prop 8 attorneys had previously filed a brief with the Supreme Court asking justices not to hear the case, but Olson said during the conference call his team has maintained at the same time that the lawsuit would be “the perfect vehicle” for deciding the right to marriage equality throughout the country.

“Gay and lesbians and all citizens have the right to have this issue … before the court with a fully developed record, with evidence on history, the importance of marriage, the damage done by discrimination and the fact that all Americans will benefit by the fact that people will be treated equally throughout this country to marry the person that they love,” Olson said.

In response to a question from The Huffington Post’s Sam Stein on whether opponents of Prop 8 would be better off if a ruling against DOMA came first, Olson denied sequencing would be a problem, saying, “We have never agreed with those concerns.”

“In short, the record is so complete that we have always felt that if the issue of marriage equality was going to be before the Supreme Court, the Proposition 8 Perry case should be a part of it because it has vastly more developed evidentiary record and specific thoughtful findings by a district judge who listened to all the evidence, and there was no evidence of any persuasive effect on the other side,” Olson said.

The opportunity for the court to hear the Prop 8 lawsuit means the Supreme Court may make a national ruling on same-sex marriage that affects not just California, but every state in the country with a ban on same-sex marriage.

Asked by The Advocate’s Julie Bolcer about scenarios in which a Supreme Court ruling might have an impact outside California, Boies said may justices may issue a ruling with larger reach depending on the way they examine the case.

Boies said if the Supreme Court addresses in its ruling the “fundamental merit” issue of whether discrimination against gays and lesbians is unconstitutional under the U.S. Constitution, that ruling would mean “there would be a fundamental right to marry in every state in the country because obviously the federal Constitution applies to every state in the country.”

Still, Boies said the ruling would be limited to California if justices decide the case on same narrow ground as the Ninth Circuit or simply determine that proponents of Prop 8 don’t have standing to defend the law in court. Even so, Boies said such rulings would establish precedent that would have an impact on other marriage cases throughout the country.

NOTE: An additional quote from Olson was added to this piece following its initial publication that better reflected his confidence the Supreme Court would strike down Prop 8 on its merits.

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U.S. Federal Courts

Judge temporarily blocks executive orders targeting LGBTQ, HIV groups

Lambda Legal filed the lawsuit in federal court

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President Donald Trump (Washington Blade photo by Michael Key)

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.

The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.

Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.

“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case. 

“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”

Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”

“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.

Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”

The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).

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U.S. Supreme Court

Activists rally for Andry Hernández Romero in front of Supreme Court

Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

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Immigrant Defenders Law Center President Lindsay Toczylowski, on right, speaks in support of her client, Andry Hernández Romero, in front of the U.S. Supreme Court on June 6, 2025. (Washington Blade photo by Michael K. Lavers)

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.

Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.

“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”

(Video by Michael K. Lavers)

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.

Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.

“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”

“Andry is not alone,” she added.

Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”

“He is not a case number,” said Takano. “He is a person.”

Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.

A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.

“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.

Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.

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A husband’s story: Michael Carroll reflects on life with Edmund White

Iconic author died this week; ‘no sunnier human in the world’

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Michael Carroll spoke to the Blade after the death his husband Edmund White this week. (Photo by Michael Carroll)

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.

Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.

I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.

Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.

This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.

But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.

They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”

When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”

Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”

Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”

That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”

When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”

The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.” 

Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.

In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.

And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.

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