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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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The White House

Hundreds protest ICE killing of Renee Nicole Good in D.C.

Married queer woman shot in Minneapolis on Wednesday

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Hundreds of people took to the streets of D. C. on Thursday night to protest the killing of a U.S. citizen by a U.S. Immigration and Customs Enforcement agent.

Protests began at the busy — and increasingly queer — intersection of 14th and U Streets, N.W. There, hundreds of people held signs, shouted, and made their way to the White House to voice their dissent over the Trump-Vance administration’s choice to increase law enforcement presence across the country.

The protest, which also occurred simultaneously in cities large and small across the country, comes in the wake of the death of Minneapolis resident Renne Nicole Good at the hands of ICE Agent Jonathan Ross. Good left behind two children and a wife, Rebecca Good.

Records obtained by the Associated Press found that Ross was an Iraq War veteran and nearly two decades into his career with U.S. Border Patrol and ICE.

Good was gunned down just blocks away from where George Floyd was killed by police in 2020, sparking weeks of national protests. Minnesota officials say the FBI has blocked their access to an investigation into the fatal shooting, according to a BBC story published on Friday.

In the nation’s capital, protesters marched from the intersection of 14th and U Street to Lafayette Square, right outside the White House. Multiple D.C. organizations led the protest, most notably Free DC, a nonprofit that works to ensure the right of “self-determination” for District residents, as many local laws can be reviewed, modified, or overturned by Congress. Free DC had organized multiple protests since the Trump-Vance administration was elected.

The Washington Blade spoke to multiple protesters towards the tail end of the protest about why they came out.

Franco Molinari, from Woodbridge, Va., crossed the Potomac to partake in his first-ever protest.

“I don’t appreciate ICE and the use of federal agents being pretty much militarized against America,” Molinari said while holding a “Justice for Renee” sign. “The video of Renee being executed cartel style in her car was enough for me to want to come out, to at least do something.”

Molinari, like many others the Blade spoke with, found out about the protest on Instagram.

“It was my friend there, Sarah … had sent a link regarding the protest to a group chat. I saw it in the morning, and I thought, ‘You know what, after work, I’m head out.’”

He also shared why protesting at the White House was important.

“I already saw the response that the president gave towards the murder of Renee, and it was largely very antagonizing,” Molinari said.

President Donald Trump, along with federal leaders under him, claimed that Good “violently, willfully and viciously ran over the ICE officer.” The president’s claims have been widely discredited through multiple videos of the incident, which show Good was attempting to leave the scene rather than attacking the officer.

“I hope that anybody would be able to see that and see the response and see for themselves that it just is not correct,” Molinari said.

The Blade also spoke with leftist influencer Dave the Viking, who has more than 52,000 followers on TikTok, where he posts anti-fascist and anti-Trump videos.

“We’re out here to make sure that this regime can’t rewrite history in real time, because we all know what we saw … we’re not going to allow them to run with this narrative that they [ICE agents] were stuck in the snow and that that poor woman tried to weaponize her car, because we all saw video footage that proves otherwise,” he told the Blade. “We’re not going to let this regime, the media, or right-wing influencers try to rewrite history in real time and try to convince us we didn’t all see what we know we saw.”

Dave the Viking continued, saying he believes the perceived power of ICE and other law enforcement to act — oftentimes in deadly and unjustifiable ways — is a product of the Trump-Vance administration.

“There’s a line between fascism and anti-fascism. These motherfuckers have been pushing that envelope, trying to label an idea a terrorist organization, to the point of yesterday, crossing that line hardcore. You face the point of looking at history and saying there was this 1989, 2003 America, where we’re just going in, raiding resources. Where is this fucking 1930s Germany, where we’re going in and we’re about to just start clearing shit and pulling knots? Yeah, nope. We proved that shit yesterday.”

Two people were injured in another shooting involving federal agents, this time Border Patrol in Portland, Ore., on Thursday afternoon.

KC Lynch, who lives near American University, also spoke about her choice to protest with a group.

“I came out today because everything that ICE has done is absolutely unacceptable, not only killing this one woman, but also the fact that they’ve been imprisoning people in places that are literally, that have been literally on record by international organizations shown to be human rights violating. It’s unbelievably evil.”

Lynch also echoed Dave’s opinion about parallels between the Trump-Vance administration and the rise of Adolf Hitler in Nazi Germany.

“It’s literally what happened before the Holocaust. We should all be scared. We should all be angry. I’m so angry about it … even talking about it — I’m sorry,” she said before getting choked up.

Lynch emphasized that despite the circumstances in which people were protesting together, the sense of community was strong and powerful.

“I feel like it’s important for people to know that we’re angry, even if no policy changes come out of it, and it’s just nice to yell and be angry about it, because I feel like we’ve probably all been feeling this way, and it’s nice to be around people that are like minded and to like have a sense of community.”

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Minnesota

Reports say woman killed by ICE was part of LGBTQ community

Renee Nicole Good shot in Minneapolis on Wednesday

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(Screen capture via @maxnextsterak/X)

A U.S. Immigration and Customs Enforcement agent shot and killed a woman in Minneapolis as she attempted to drive away from law enforcement during a protest on Wednesday.

The Star Tribune newspaper identified the victim as Renee Nicole Good, 37, a Minneapolis resident who lived blocks from where she was shot in the Central neighborhood, according to reports. Donna Ganger, Good’s mother, told the Star Tribune that her daughter lived in the Twin Cities with her wife.

Multiple videos of the shooting have gone viral on social media, showing various angles of the fatal incident — including footage that shows Good getting into her car and attempting to drive away from law enforcement officers, who had their weapons drawn.

In the videos, ICE agents can be heard telling Good to “get out of the fucking car” as they attempted to arrest her. Good, who press reports say was married to a woman, ended up crashing her car into an electric pole and other vehicles. She was later transported from the scene of the shooting and died at the hospital.

President Donald Trump defended the ICE agent on Truth Social, saying the officer was “viciously” run over — a claim that coincides with Homeland Security Secretary Kristi Noem’s assessment of the situation. Noem, a South Dakota Republican, insisted the officer “fired defensive shots” at Good after she attempted to run over law enforcement agents “in an attempt to kill them — an act of domestic terrorism.”

Multiple state and local officials disputed claims that the shooting was carried out in self-defense at the same time Noem was making those assertions.

An Instagram account that appears to belong to Good describes her as a “poet and writer and wife and mom and shitty guitar strummer from Colorado; experiencing Minneapolis, MN,” accompanied by a rainbow flag emoji.

A video posted to X after the shooting shows a woman, reportedly her wife, sitting on the ground, crying and saying, “They killed my wife. I don’t know what to do.”

“We’ve dreaded this moment since the early stages of this ICE presence in Minneapolis,” Mayor Jacob Frey said during a Wednesday press conference. “Having seen the video myself, I want to tell everybody directly that [the DHS’s claim of self-defense] is bullshit. This was an agent recklessly using power that resulted in somebody dying, getting killed.”

“I have a message for ICE. To ICE, get the fuck out of Minneapolis,” Frey continued. “We do not want you here. Your stated reason for being in this city is to create some kind of safety, and you are doing exactly the opposite. People are being hurt. Families are being ripped apart. Long-term Minneapolis residents that have contributed so greatly to our city, to our culture, to our economy are being terrorized, and now somebody is dead. That’s on you, and it’s also on you to leave.”

Across the Capitol, members of the House and the Senate condemned the actions of the officer.

“There’s no indication she’s a protester, there’s nothing that at least you can see on the video, and therefore nothing that the officers on the ground could see that identify her as someone who’s set out to try to do harm to an ICE officer,” U.S. Sen. Elizabeth Warren (D-Mass.) said Wednesday night on MS NOW’s “The Weeknight.”

“There is no evidence that has been presented to justify this killing,” House Minority Leader Hakeem Jeffries (D-N.Y.) said in a statement on his website. “The masked ICE agent who pulled the trigger should be criminally investigated to the full extent of the law for acting with depraved indifference to human life.”

“ICE just killed someone in Minneapolis,” U.S. Rep. Robert Garcia (D-Calif.) the highest-ranking Democrat on the House Oversight Committee, posted on X. “This administration’s violence against communities across our country is horrific and dangerous. Oversight Democrats are demanding answers on what happened today. We need an investigation immediately.”

In a statement to the Advocate, Human Rights Campaign President Kelley Robinson wrote, “Today, a woman was senselessly killed in Minneapolis during an ICE action — a brutal reminder that this agency and the Trump regime put every community at risk, spreading fear instead of safety. Reports that she may have been part of the LGBTQ+ community underscore how often the most vulnerable pay the highest price.”

National LGBTQ Task Force President Kierra Johnson also responded to Good’s death.

“We recognize and mourn the loss of Renee Nicole Good and extend our condolences to her family, loved ones, and community,” said Johnson in a statement. “This loss of life was preventable and reprehensible, particularly coming at the hands of federal agents.”

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U.S. in midst of ‘genocidal process against trans people’: study

Attacks rooted in Nazi ideology’s views on gender

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President Trump’s administration has orchestrated myriad attacks on the trans community. (Washington Blade file photo by Michael Key)

Earlier this week, the Lemkin Institute for Genocide Prevention and Human Security issued a haunting warning. Dr. Elisa von Joeden-Forgey, president of the Lemkin Institute, stated that the U.S. is in the “early-to-mid stages of a genocidal process against trans and nonbinary and intersex people.” Dr. Gregory Santon, former president of the International Association of Genocide Scholars, flags “a hardening of categories” surrounding gender in a “totalitarian” way. 

Stanton argues that this is rooted in Nazi ideology’s surrounding gender — this same regime that killed many LGBTQIA individuals in the name of a natural “binary.” As Von Joeden-Forgey said, the queer community, alongside other “minority groups, tends to be a kind of canary in the coal mine.” 

In his first year in office, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation. 

While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people

It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved

As Tori Cooper, director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate toward transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.

“The genocidal process,” Von Joeden-Forgey said, “is really about destroying identities, destroying groups through all sorts of means.” And just like the Nazi regime, former genocide researcher Haley Brown said, the Trump administration is fueling conspiracy theories surrounding “cultural Marixsm” — the claim that leftists, feminists, Marxists, and queer people are trying to destroy western civilization. This term, Brown states, was borrowed directly from the Nazi’s conspiracies surrounding “Cultural Bolshevism.”

As Brown explains, historians are just beginning to research the Nazis’ anti-trans violence, but what they are finding reveals a terrifying pattern wherein trans people are stripped of their identification documents, arrested and assaulted, and outright killed. 

Before World War II, Germany – especially Berlin – was a hub for transgender communities and culture. In 1919, Dr. Magnus Hirschfield, a Jewish gay sexologist and doctor, founded the Institut für Sexualwissenschaft, the Institute for Sexual Science. The Institute was groundbreaking for offering some of the first modern gender-affirming healthcare, with a trans-affirming clinic and performing some of the first gender-affirming surgeries in the 1930s for trans women Dora Richter and Lili Elbe. 

Researchers at the institute coined the term “trassexualism” in 1923, which while outdated now, was the first modern term that Dr. Hirschfield used when working with Berlin police to acquire “transvestite passes” for his patients to help them avoid arrest under public nuisance and decency laws. During the Weimar Republic, trans people could also change their names although their options were limited. In Berlin, queer press flourished after World War I along with a number of clubs welcoming gay, lesbian and trans clientele, including Eldorado, which featured trans performers on stage. 

But as Hitler rose to power, trans people were targeted. In 1933, Nazi youth and members of the Sturmabteilung ransacked the institute, stealing and burning books – one of the first book burnings of the Nazi regime. German police stopped recognizing the “transvestite” passes and issuing new ones, and under Paragraph 175, which criminalized sexual relationships with men, trans women (who were misgendered by the police) were arrested and sent to concentration camps. 

As the Lemkin Intsitute for Genocide Prevention and Human Security wrote in a statement

“The Nazis, like other genocidal groups, believed that national strength and existential 

power could only be achieved through an imposition of a strict gender binary within the racially pure ‘national community.’ A fundamentalist gender binary was a key feature of Nazi racial politics and genocide.”

History professor Laurie Marhoefer wrote for The Conversation that while trans people were targeted, there was not extensive discussion of them by the regime. But there was evidence of the transphobia behind the regime’s violence, specifically in Hermann Ferdinand Voss’s 1938 book “Ein Beitrag zum Problem des Transvestitismus.”Voss noted that during the Nazi regime, trans people could and were arrested and sent to concentration camps where they underwent forced medical experimentation (including conversion therapy and castration) and died in the gas chambers.

While there is growing recognition that gay, bisexual, and lesbian individuals were targeted during the Holocaust, few know about the trans genocide through which trans individuals were arrested, underwent forced castration and conversion therapy, and were outright killed alongside gay, lesbian, disabled and Jewish individuals in concentration camps. Historians are just beginning to undertake this research, writes Marhoefer, and to delve further into the complex racial hierarchies that affected how trans people were treated. 

As Zavier Nunn writes for Past & Present, trans people of “Aryan” racial status and those not considered to be homosexuals were sometimes spared from the worst violence and outright murder. Depending on their skills, they could even be considered for rehabilitation into the Volksgemeinschaft, or Nazi utopian community. As Nunn highlights, trans violence was much more nuanced and individualized and should be explored separately from violence against gay and lesbian individuals during the Holocaust.

Marhoefer’s research of violence against trans women, as recorded in police files (as is the persecution of gay and lesbian individuals), is groundbreaking but rare. He gave a talk at the Museum of Jewish Heritage in 2023, shortly after a 2022 civil lawsuit about denial that trans people were victims of the Holocaust. The German court recognized that trans people were victimized and killed by the Nazi regime, but in the United States, there is still a hesitancy by the wider LGBTQ community and leftist groups to acknowledge that we are living during a time of anti-trans violence, that trans people are being used as political scapegoats in order to distract from real problems of accountability and transparency around government policy.

As anti-trans legislation escalates, it’s important to remember and call out how trans violence is not only a feminist issue, it’s a human rights one as well. While Shannon Fyfe argues that the current campaigns against trans people may not fit the traditional legal definition of a genocide, the destruction and denial of life saving care, access to public spaces, and escalating violence is still immensely devastating. 

Kaamya Sharma also notes that the term “genocide” has deep geo-political implications. As she explained, “western organisations are, historically and today, apathetic to the actual lives of people in the Global South, and put moral posturing above Brown and Black lives,” so the choice to use “genocide” is a loaded one. But as the Lemkin Institute for Genocide Prevention and Human Security writes in the same statement: “The ideological constructs of transgender women promoted by gender critical ideologues are particularly genocidal. They share many features in common with other, better known, genocidal ideologies. Transgender women are represented as stealth border crosses who seek to defile the purity of cisgender women, much as Tutsi women were viewed in Hutu Power ideology and Jewish men in Nazi antisemitism.”

Trans people are not extremists, nor are they grooming children or threatening the fabric of American identity – they are human beings for whom (like all of us) gender affirming care is lifesaving. As we remember the trans lives lost decades ago and those lost this year to transphobic violence, knowing this history is the only way to stop its rewriting.  

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