2012 is the year of the London Olympics. It’s also the 30th anniversary of the world’s first ‘Gay Olympic Games’ being struck down.

In 1982 the United States Olympic Committee (USOC) sought an injunction against the United States Gay Olympic Committee (GOC) to prevent them using the word ‘Olympic’ to describe an international sporting event they were organising.

The basis for their argument was the 1978 Amateur Sports Act, which Congress had passed after lobbying from International Olympic Committee (IOC) President Avery Brundage. Brundage had argued that USOC should have the exclusive right determine who was allowed to use Olympic terminology and imagery. This, he had said, would allow USOC to raises funds through licensing merchandise and, therefore, minimise the use of public funds on Olympic activities.

The Gay Olympic Committee, through their President Tom Waddell, had repeatedly asked for permission to use the name but were repeatedly denied. In the end, the GOC decided that USOC’s monopoly was unconstitutional as it was against the principle of free speech – and announced the first Gay Olympic Games.

As the court case progressed the defendants pointed out that USOC wasn’t taking action against other groups using the word Olympics. These included the Police Olympics, Armenian Olympics, Explorer Olympics, Junior Olympics, and even the Dog Olympics, Xerox Olympics, Rat Olympics and Diaper Olympics! If these groups were allowed to use the name, why not the gay community?

USOC’s lawyer, Vaughan Walker, had responded, “Because they are not a suitable group.” He subsequently argued that the term ‘Gay Olympics’ would confuse the public and jeopardise funding for the 1984 ‘real’ Olympics in Los Angeles.

This, in itself, seems fairly blatant homophobia (and, as I shall explain later*, even more inexcusable in light of Vaughan Walker’s actions more recently).

Nonetheless, the court upheld USOC’s request for an injunction and the Gay Olympic Committee was forced to change it’s name to San Francisco Arts and Athletics (SFAA). They also had to remove the word ‘Olympic’ from all material relating to the event they had organised – which was scheduled to start eight days later! The event was quickly re-named the Gay Games.

The matter rumbled on for a number of years thereafter. In 1984 USOC lodged a claim against Tom Waddell and SFAA for $96,600 in legal costs. The claim was upheld and a lien put in place against Waddell’s house in furtherance of this (although never actually implemented).

In 1985 USOC heard that SFAA were again planning to use the ‘Gay Olympics’ name for their next international sports event in San Francisco in 1986. So, they took out another injunction and organisers were forced to re-name the event ‘Gay Games II’.  However SFAA remained defiant and determined to challenge this injustice so they launched a legal appeal, which eventually reached the Supreme Court in 1987.

And then, as if things weren’t already tough enough, HIV/AIDS started hitting the gay community. At one point Gay Games II appeared to be in jeopardy as people began to question whether a sporting event was the best use of community resources when a major health crisis was unfolding. Tom Waddell argued that the Games were exactly what the community needed as they would provide the opportunity for much needed international unity at this critical time. And so the event did, indeed, go ahead.

In a stroke of cruel irony Waddell himself was diagnosed with AIDS and hospitalised with pneumonia two weeks before the Games opened. But, having taken the event this far, it was little surprise that he discharged himself from hospital in order to participate in the opening ceremony – and then go on to win the javelin event.

The following year, 1987, the SFAA appeal was finally heard – and dismissed – by the Supreme Court. USOC did have the monopoly on the word ‘Olympic’ they said (although the verdict was far from unanimous). The fact that USOC seemed to be so inconsistent in policing that was, apparently, irrelevant.

Tom Waddell died a few weeks later. The lien that had been placed on his house in order to retrieve USOC’s court costs was lifted on the day of his funeral.

The Olympic Creed

The most important thing in the Olympics is not to win but to take part, just as the most important thing in life is not the triumph but the struggle. The essential thing is not to have conquered but to have fought well.

* Vaughan Walker, USOC’s attorney in 1982, went on to become a member of the Federal bench. His appointment was initially proposed by Ronald Reagan but blocked by the Senate – primarily because of his perceived homophobic remarks during the Gay Olympics case. He was subsequently appointed by George W. Bush.

In 2010 Walker struck down California’s Proposition 8 – a proposed constitutional amendment that would block same-sex couples right to marry.

In 2011 he retired – and revealed that he, himself, was gay! (I’m afraid I don’t ‘get’ gay conservatives!)