Ted Olson, Legal Titan and Same-Sex Marriage Advocate, Dies at 84
Ted Olson, former U.S. Solicitor General and one of America’s most distinguished conservative attorneys, passed away at the age of 84. Olson, who argued landmark cases before the U.S. Supreme Court, leaves behind a legacy marked by a relentless pursuit of justice, legal reform, and dedication to the law. His remarkable career included a pivotal role in advocating for same-sex marriage rights and a decisive victory in the Bush v. Gore election recount.
A Storied Career Shaping America’s Legal Landscape
Ted Olson’s career spanned decades, placing him at the center of some of the nation’s most significant legal battles. The law firm Gibson Dunn, where he began practicing in 1965, announced his death but did not disclose a cause. Senate Republican leader Mitch McConnell remarked, “Even in a town full of lawyers, Ted’s career as a litigator was particularly prolific… I count myself among so many in Washington who knew Ted as a good and decent man.”
As Solicitor General from 2001 to 2004, appointed by President George W. Bush, Olson argued 65 cases before the Supreme Court, including major cases on free speech, privacy, and political spending. Among his most impactful cases was the 2010 Citizens United v. Federal Election Commission, which redefined campaign finance laws, and his representation of Dreamers against the Trump administration’s efforts to rescind DACA.
Champion for Same-Sex Marriage, Defying Political Norms
One of Olson’s most personal cases was his fight for same-sex marriage rights. In 2008, California’s Proposition 8 banned same-sex marriage, sparking a high-stakes legal battle. Olson joined forces with David Boies, his previous adversary from the Bush v. Gore case, to represent California couples challenging the ban. Olson argued that marriage is a fundamental right, stating, “The right to marry, to choose to marry, has never been tied to procreation.” The case led to a historic decision in 2013, as the U.S. Supreme Court let a lower court ruling stand, striking down the ban.
“This is the most important thing I’ve ever done, as an attorney or a person,” Olson reflected in a documentary. He later told The Associated Press, “The marriage case was important because it involved millions of people throughout the United States and beyond.”
A Personal Tragedy and Legacy Beyond the Courtroom
Olson’s personal life intersected with American history on September 11, 2001, when his third wife, Barbara Olson, a prominent conservative commentator, was killed in the terrorist attacks on the Pentagon. Despite the tragedy, Olson’s dedication to justice and his formidable presence in the legal world remained steadfast.
In recent years, Olson represented high-profile clients like Tom Brady in the “Deflategate” scandal and Apple in its legal battle with the FBI over accessing an iPhone linked to the 2015 San Bernardino shooting. Barbara Becker, managing partner at Gibson Dunn, described Olson as “a titan of the legal profession and one of the most extraordinary and eloquent advocates of our time.”
David Boies, Olson’s former courtroom rival and later co-counsel, paid tribute to him, saying, “Ted left the law, our country, and each of us better than he found us. Few people are a hero to those who know them well. Ted was a hero to those who knew him best.”