The right-winger who fought for gay marriage
At the arch-conservative legal group the Federalist Society, Ted Olson was a hero. As private litigator, assistant attorney general under Ronald Reagan, and U.S. solicitor general under George W. Bush, Olson scored victory after victory for the Right, rolling back affirmative action, expanding corporate power, and defending school vouchers. In one of his 65 Supreme Court appearances, he argued the 2000 Florida recount case that helped secure Bush’s presidency. And after the 9/11 attacks—which killed his wife, Barbara, a passenger on the hijacked jet that crashed into the Pentagon—he defended the Bush administration’s indefinite detention of suspected terrorists without charges. But Olson also broke with the party line to follow his conscience. He won a case to allow the 700,000 “Dreamers,” undocumented people brought to the U.S. as children, to remain in the U.S. And he led the charge to legalize same-sex marriage—which he called his proudest achievement. To respect “a stable, committed relationship that provides a backbone for our community,” he said, “is a conservative value.”
Theodore B. Olson grew up in Mountain View, Calif., where his father was an engineer and his mother a teacher, said The Washington Post. One of “few conservative students” to study law at UC Berkeley, he joined a Los Angeles law firm and soon “rose to partner.” As head of the Office of Legal Counsel under Reagan, he worked on high-profile cases, including efforts to end race-based busing. But he “broke into the public consciousness” when he argued the Bush v. Gore case, said NPR.org. His subsequent nomination to solicitor general “was fiercely opposed by Democrats, who saw him as too political,” but he was narrowly confirmed.
“It was a shock to many” when Olson took on a California gay-marriage case, said The New York Times. Opponents barraged him “with homophobic emails,” while some gay activists accused him of taking the case “in order to sabotage it.” But Olson brought on “liberal superlawyer” David Boies as co-counsel, and their bipartisan win was credited with paving the way for the Supreme Court to back gay marriage in 2015. Olson’s fourth wife, Lady Booth, joked that she was on a quest to find Olson’s “inner liberal,” and while Olson said he remained conservative, he always listened to the other side. “We don’t learn anything,” he said in 2009, “if we surround ourselves by people who think the same way we do.” |