National
Lesbian couple on origins of Calif. marriage fight
Tyler, Olson filed first lawsuit to challenge ban in 2004

Diane Olson and Robin Tyler were in D.C. for last week’s Supreme Court oral arguments in the Prop 8 case. (Washington Blade photo by Michael Key)
For lesbian activists Robin Tyler and Diane Olson, who have been a couple for more than 19 years, last week’s Supreme Court hearing on California’s Proposition 8 had a special meaning.
In February 2004, Tyler and Olson were among the first two couples to file a lawsuit challenging the California law prohibiting same-sex couples from marrying. The lawsuit led to the California Supreme Court’s decision in 2008 declaring that same-sex marriages must be recognized under the state’s constitution.
The two were among the 18,000 same-sex couples to marry in California before marriage equality opponents placed Prop 8 on the ballot that same year. Upon its approval by voters in November 2008, recognition of all subsequent same-sex nuptials ended. Marriage equality activists, however, responded by filing another lawsuit challenging Prop 8, which took the fight to the U.S. Supreme Court.
As Tyler and Olson sat in the Supreme Court chambers on March 26 watching the attorneys argue for and against whether Prop 8 should be declared unconstitutional, each said they couldn’t help but recall how it all started for them 12 years earlier in Beverly Hills, where Olson was raised.
“What happened is starting in 2001 Diane and I would go…to the Beverly Hills courthouse every year to try to get a marriage license,” Tyler said. “And of course they turned us down.”
Added Tyler, “The first year we almost got arrested because MCC brought a cake and they said we couldn’t serve a cake on the sidewalk.” She was referring to the LGBT supportive Metropolitan Community Church, a longtime advocate for marriage equality.
Tyler, an out lesbian comic and entertainer since the 1970s, served as an organizer for the 1979 LGBT march on Washington and two subsequent LGBT marches on Washington in 1987 and 1993. At all three marches, Tyler helped organize same-sex marriage rallies outside the IRS headquarters in downtown D.C., in which hundreds of same-sex couples participated in marriage ceremonies they considered symbolic but that had no legal recognition.
With that as a backdrop, Tyler said the proverbial ‘last straw’ happened to her and Olson in 2004 shortly before she and Olson planned their annual ritual of going to the Beverly Hills courthouse to request a marriage license on or around Valentine’s Day. At the time, the two had been a couple for 10 years.

Gloria Allred (Washington Blade photo by Michael Key)
“I was going to be 65,” she said. “So I called the American Federation of Radio and Television Artists. I’ve been in the union for years because I was a comic. And I say, you know, I can purchase domestic partnership insurance for Diane,” Tyler recalled.
“But when I retired they said no you are not. And I said why not?” Tyler told the Blade. “And they said because you’re not married. And I said we can’t get married. And the woman said to me, ‘That’s just the way it is, hon.’ And she hung up on me.”
Tyler said she immediately called Gloria Allred, a nationally recognized civil rights lawyer based in Los Angeles, whose clients have been among some of the most famous Hollywood figures. Tyler said she and Allred had been friends for a long time.
“And the next morning she called and said you know what? I’m going to take the case. I’m going to sue for your right to get married to Diane and I’m going to do it pro bono,” Tyler said.
At Allred’s suggestion, Tyler and Olson agreed to invite Rev. Troy Perry, head of the MCC churches, and his husband, Philip De Blieck, who he married in Canada, to be a party to the suit.
Since Valentine’s Day fell on a Saturday in 2004, Tyler said the two couples and Allred decided to go to the Beverly Hills courthouse that year on Feb. 12.
“They handed us this little thing like they did every year – you know, you can’t get married because marriage is a between a man and a woman,” said Tyler. “Gloria was with us and we walked outside and had a huge press conference, and Gloria announced our right to marry.”
Allred said she informed the media that the lawsuit would challenge a state family code that banned same-gender marriage.
In a development that surprised them and their supporters in L.A., then San Francisco Mayor Gavin Newsom that same week began performing same-sex marriages in City Hall in defiance of the state law banning such marriages. The first couple that Newsom himself married was veteran lesbian activists Del Martin and Phyllis Lyon, who were in their 80s.
“Someone called me and said Del and Phyllis, who were friends of ours, are getting married,” Tyler said. “I said what? And we turned on the television and there is Gavin Newsom Marrying Del and Phyllis.”
Allred said some have confused the role that Newsom and litigants like Tyler and Olson played in the marriage equality battle.
“The most important thing was that we were challenging the law, which prohibited them from being able to enjoy the right to marry each other,” Allred said. “What happened in San Francisco was slightly different. The mayor started marrying couples without getting a judicial declaration that the family code prohibiting such marriages was unconstitutional.”
Marriage equality opponents quickly obtained a court order halting San Francisco from performing same-sex marriages. Opponents next persuaded the court to invalidate all of those marriages on grounds that they had no legal standing.
Many of the couples whose marriages were invalidated joined the San Francisco County Attorney in filing their own lawsuits challenging the state’s same-sex marriage ban. The court later merged those suits with the suit filed by Tyler, Olson, Perry, DeBlieck and others.
After four years of litigation, the California Supreme Court ruled in early 2008 that the state’s same-sex marriage ban violated the California Constitution and that same-sex marriages must be recognized in the state.
Due to their role as the first to file suit over the marriage question, Tyler and Olson were given permission to be the first same-sex couple to marry in L.A. County – one day ahead of everyone else.
Tyler and Olson acknowledge that the joy of their wedding was dampened later in the year when Prop 8 passed, even though the state Supreme Court ruled their marriage and those of the 18,000 other same-sex couples who married prior to the approval of Prop 8 would remain valid.
But the two said their wedding on the steps of the Beverly Hills courthouse was a special moment for them and their friends and supporters.
“And I want to tell you the mayor of Beverly Hills offered us City Hall, which would have been my dream,” Tyler said. “But we decided to marry in front of the courthouse because that’s the same courthouse that had turned us down all those years,” she said.
“And this time when we walked in with Gloria to get our marriage license the woman behind the counter that gave us the license started to cry,” said Tyler. “She said I’ve wanted to give this to you ever since you started to come in.
“And we walked out and we had no idea that the press would be there from all over the world,” Tyler continued. “And a policeman came up to me and said I was the cop that almost arrested you in 2001 for serving cake, and I’m proud to be at your wedding. So it had come full circle for us when we got married.”
Nine years later, as Tyler, Olson and Allred watched with great interest as the Supreme Court justices asked sharp questions in Washington to the lawyers arguing for and against Prop 8, Tyler said the comments by some of the justices cause her great discomfort.
“I was so full of emotion and so angry having to sit in the Supreme Court and hearing them refer to us as an experiment and to compare us to cell phones and the Internet,” she said, referring to comments by Justice Samuel Alito.
In remarks she said he hadn’t planned to make before the C-SPAN TV cameras on the plaza outside the Supreme Court, Tyler said she expressed her outrage over the remarks by some of the justices.
“I said we’re a civil rights movement. We’re not an experiment. And we’re going to win,” she told the Blade. “How dare they…,” she added, before cutting short her own comment.
National
Anti-trans visa ruling echoes Nazi regime destroying trans documents
Trump administration escalates attacks on queer community
The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”
The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.”
This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.
As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.”
Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation.
By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents.
With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”
This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions.
While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933.
In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare.
Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people.
The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.
The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.”
As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.”
In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
-
Photos4 days agoPHOTOS: Capital Stonewall Democrats 50th anniversary
-
Poland4 days agoPolish court rules country must recognize same-sex marriages from EU states
-
District of Columbia4 days agoCapital Stonewall Democrats 50th anniversary gala draws sold out crowd
-
District of Columbia3 days agoTrans Day of Visibility events planned
