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Olson took on marriage equality as a principle of conservatism, he said.
Theodore "Ted" B. Olson, the Republican legal giant who helped secure President George W. Bush’s election victory in 2000 and then later joined in the fight for marriage equality, died on November 13 in Virginia. Olson was 84.
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His death was announced by his firm Gibson Dunn, where Olson had worked for decades. His wife, Lady Booth Olson, confirmed his death to The New York Times, citing a stroke.
Olson spent much of his career in private practice, the Washington Post reports. He served as assistant attorney general in the Reagan administration from 1981 to 1984. Then, from 2001 to 2004, he served under Bush as solicitor general.
The Post reports that Olson appeared in front of the U.S. Supreme Court over 60 times, with the paper noting, “What many of his arguments had in common was that they alignedwith his libertarian brand of conservatism.”
His political beliefs also led to him being the lead attorney in Citizens United v. Federal Election Commission, defending school vouchers, and reciting the Pledge of Allegiance in public schools. However, in 2019, he appeared before the high court to argue against then-President Donald Trump's attempt to dismantle the Deferred Action for Childhood Arrivals program, DACA.
He was a founding member of the conservative legal group, the Federalist Society, according to the Times.
When Olson took on California over Prop 8, which banned same-sex marriage, some queer rights advocates accused him of trying to derail the case. However, he argued marriage equality was a conservative issue.
He told the Times in 2009, “For conservatives who don’t like what I’m doing, it’s, ‘If he just had someone in his family we’d forgive him,’ adding, “For liberals, it’s such a freakish thing that it’s, ‘He must have someone in his family, otherwise a conservative couldn’t possibly have these views.’ It’s frustrating that people won’t take it on face value.”
“Ted was a titan of the legal profession and one of the most extraordinary and eloquent advocates of our time,” said Barbara Becker, chair and managing partner of Gibson Dunn, in the announcement. “He was creative, principled, and fearless – a trailblazing advocate who cared about all people. We mourn his loss profoundly and send our condolences to his wife Lady, a cherished member of our firm family, and to all of Ted’s loved ones.”
“Ted has been the heart and soul of Gibson Dunn for six decades and made us who we are today,” said Theodore J. Boutrous Jr., partner at Gibson Dunn. “He was not just an incomparable lawyer, mentor, role model, and friend, but he has made immeasurable contributions to the rule of law, our Constitution, and our country. We will miss him with all our hearts.”
Olson was born September 11, 1940, in Chicago. His third wife Barbara Olson, the conservative commentator, died in the September 11, 2001, terrorist attack that struck the Pentagon.
He is survived by two children, a brother, and three sisters.
