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Lesbian couple on origins of Calif. marriage fight

Tyler, Olson filed first lawsuit to challenge ban in 2004

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Robin Tyler, Gloria Allred, Diane Olson, gay news, Washington Blade
Diane Olson, Robin Tyler, Supreme Court, gay news, Washington Blade, gay marriage, same sex marriage, marriage equality, Proposition 8

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, gay news, Washington Blade

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.

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National

HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states

Survey finds anti-LGBTQ school harassment, bullying highest in 17 states

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(Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.

The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.

“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.

“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”

The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.

It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.

According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”  

The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.

In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.  

The HRC statement includes these “key” findings from the survey:

  • In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
  • Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
  • Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)

“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.

“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.

The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”

The full survey findings and report can be accessed here:

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Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons

SCOTUS could further restrict rights of trans inmates

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The U.S. Supreme Court with an LGBTQ Pride flag flying in front of it. (Washington Blade Photo by Michael Key)

The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.

U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.

The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”

If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.

The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”

American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.

The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.

Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.

The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.

Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.

The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.

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Federal Government

Education Department rolls back protections for LGBTQ students under Title IX

The DoE policy rescinds Biden-era protections

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U.S. Education Secretary Linda McMahon (Washington Blade photo by Michael Key)

The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.

Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.

Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”

“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.

Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.

A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”

This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.

Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.

“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.

This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.

In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.

The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.

McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.

In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”

LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.

“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.

“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.

“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.

The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:

“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.

“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”

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