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Boehner: Cut DOJ funds to pay for House DOMA defense

Speaker taps Bush solicitor general to defend law

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U.S. House Speaker John Boehner (Blade file photo by Michael Key)

U.S. House Speaker John Boehner (R-Ohio) on Monday called for redirection of funds from the Justice Department to Congress to pay for defense of the Defense of Marriage Act in court as he made public his decision to hire a U.S. solicitor general from the Bush administration to defend the anti-gay statute.

In a letter dated April 18 to House Minority Leader Nancy Pelosi (D-Calif.), Boehner calls for cutting funds from the Justice Department to provide money to the House general counsel to pay for congressional costs to defend in court DOMA, the 1996 anti-gay law that prohibits federal recognition of same-sex marriage.

On the same day, Boehner’s office announced that Paul Clement, who served as U.S. solicitor general under President George W. Bush, would assist the House general counsel in taking up defense of DOMA against litigation. Clement is now a partner at the D.C.-based office for the firm King & Spalding, where he manages the national appellate practice.

Boehner made the announcements on the deadline day for the House to decide whether or not to intervene in one case challenging DOMA, Windsor v. United States, which was filed by the American Civil Liberties Union and is pending before the U.S. District Court of Southern District of New York. The House general counsel filed a notice of its intent to intervene on Monday.

In his letter to Pelosi, Boehner writes that funds should be redirected from the Obama administration to Congress to pay for expenses that the speaker says would have been more rightfully incurred by the Justice Department.

“Obviously, DOJā€™s decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA,” Boehner writes. “It is my intent that those funds be diverted to the House for reimbursement of any costs incurred by and associated with the House, and not DOJ, defending DOMA.”

On Feb. 23, U.S. Attorney General Eric Holder notified Congress that President Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court. Following a 3-2 party-line vote in March by the Bipartisan Legal Advisory Council, Boehner directed the House general counsel to take up defense of DOMA in place of the administration.

In his letter, Boehner writes that the Justice Department would be in a better position to defend DOMA — both in terms of resource allocation and in expertise of personnel — but adds the administration’s decision to drop defense of the anti-gay law leaves Congress no other option but to face “that additional burden and cost.

“I would also point out that the cost associated with DOJā€™s decision is exacerbated by the timing of this decision,” Boehner writes. “Most of these cases are in the middle of lower court litigation and not ripe for Supreme Court review. Had the Attorney General waited until the cases were ripe for certiorari to the Supreme Court, the costs associated with the House defense would have been exponentially lower.”

Obama dropped defense of DOMA in court after litigation against the statute was filed in the U.S. Second Circuit. Since no legal precedent for laws related to sexual orientation exists within this circuit, Obama had the opportunity to examine DOMA with heightened scrutiny, which led to his determination that the anti-gay law was unconstitutional.

Boehner’s letter was in response to a March 11 letter that Pelosi sent to the speaker asking him if he had an estimate for House defense of DOMA and a plan to provide congressional oversight of these expenses. Earlier this month during a news conference, Boehner told the Washington Blade he doesn’t have an estimate on the cost for House defense of DOMA.

In his letter, Boehner asks Pelosi, a sponsor of legislation to repeal DOMA, to join him in backing the redirection of funds from the Justice Department to Congress to defend the anti-gay statute in court.

“I would welcome your joining me in support of redirecting those resources from the DOJ to the House that would otherwise have been necessary expenses on the Attorney General to defend this federal statute,” Boehner writes.

House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)

In another letter dated April 18 responding to Boehner, Pelosi writes that the speaker didn’t answer the central question in her initial missive on the total estimated cost for House defense of DOMA.

“Unfortunately, your letter did not respond to the central question in my March 11th letter: the cost to taxpayers of hiring outside legal counsel,” Pelosi writes. “Again, I am requesting that you disclose the cost of hiring outside counsel for the 12 cases where DOMA is being challenged.”

Pelosi also maintains that House defense of DOMA against litigation isn’t required and disputes an assertion from Boehner that administration’s decision amounts to the president unilaterally determining the constitutionality of the anti-gay law.

“As you know, only the courts can determine the constitutionality of a statute passed by the Congress,” Pelosi writes.

Finally, Pelosi takes issue with Boehner’s decision to hire Clement as an attorney in the case and says Democrats weren’t informed about the decision beforehand.

“According to reports, a contract engaging Paul D. Clement to serve as the outside counsel reportedly was forwarded to the Committee on House Administration, although not to the Democratic members or staff of the Committee,” Pelosi writes. “I would like to know when the contract with Mr. Clement was signed, and why a copy was not provided to Democrats on the Committee.”

One LGBT advocate lambasted Boehner for declaring that Congress should defund part of the Justice Department so that House can take up defense of DOMA.

Joe Solmonese, president of the Human Rights Campaign, said Boehner’s decision amounts to a betrayal of House Republicans promise to work to improve the economy if elected to a majority in Congress.

ā€œThe House Republican Leadership continues to show that theyā€™re more interested in scoring cheap political points on the backs of same-sex couples than tackling real problems,” Solmonese said. “As Americans across the country continue to struggle, Speaker Boehnerā€™s prescription has been to keep families he doesnā€™t like from accessing needed protections. To add insult to injury, heā€™s now signed on to a right-wing plan to cut funding for the Department of Justice.”

Boehner cannot unilaterally redirect congressionally allocated funds from the Justice Department to the House for the purposes of defending DOMA. Both the House and the Senate would have to approve the fund redistribution legislatively through the appropriations process — and such a measure would need Obama’s signature for enactment.

During a news conference Monday, White House Press Secretary Jay Carney said in response to a question from ABC News’ Ann Compton on Boehner’s call to redirect from funds the Justice Department that the administration would work with Congress on the issue.

“I’m not aware of that [letter],” Carney said. “I don’t any comment specifically on funding. I do know that the day that announced that this year. I spoke about it, but we obviously will work with Congress, if Congress so chooses to move forward.”

Pressed further by Compton, Carney deferred comment to the Justice Department. Both the White House and the Justice Department declined to comment further on the development in response to a request by the Blade.

The total amount of funds that Congress could redirect from the Justice Department to the House general counsel as a result of the Obama administration’s decision to no longer defend DOMA in court remains in questions. In testimony March 1 before the House Appropriations Committee, Holder said the funds that the Justice Department would save by not defending DOMA would be insignificant.

“I’m not sure we save any money, frankly.” Holder said. “The people who would be defending the statute, were we to do that, are career employees of the Department of Justice, who will not be spending their time doing that; they will be spending their time doing other things. I’m not sure that I see any savings as a result of the decision that I announced with the president.”

Paul Clement (photo courtesy King & Spalding)

Boehner taps Paul Clement to defend DOMA

In addition to railing against Boehner’s call to defund part of the Justice Department to defend DOMA, LGBT advocates criticized Boehner for hiring Clement as outside counsel to defend the anti-gay law in court as well as the attorney for taking up the speaker’s cause.

According to his bio on King & Spalding’s website, Clement served as the 43rd U.S. solicitor general 2005 to 2008 and argued more than 50 cases before the U.S. Supreme Court. In private practice, Clement has focused on appellate matters, constitutional litigation and strategic counseling.

In September 2009, the Washingtonian reported that Clement was making $5 million at the law firm — while the average salary for other attorneys at the firm made $1.235 million in 2008. D.C. managing partnerĀ J. Sedwick Sollers reportedly wouldn’t comment on Clement’s salary.

Clement didn’t respond on short notice to the Blade’s request to comment on why he was interested in defending DOMA or what his legal fees would cost the U.S. government.

Michael Steel, a Boehner spokesperson, confirmed that the speaker had hired Clement to take on defense of DOMA, but didn’t have information the fees for taking him on retainer.

“The costs will be determined by Mr. Clementā€™s legal strategy,” Steel said. “Earlier today, the Speaker sent a letter to Rep. Pelosi, the Democratic Leader in the House, urging her to work with us to redirect the necessary funds from the Department of Justice — since they have declined to defend the law.”

LGBT advocates had harsh words for both Clement and King & Spalding for facilitating defense of DOMA in court. Solmonese rebuked the firm’s for allowing Clement to defend the ant-gay law as part of his private practice.

ā€œThe firm of King & Spalding has brought a shameful stain on its reputation in arguing for discrimination against loving, married couples,ā€ Solmonese said.Ā  ā€œNo amount taxpayer money they rake in will mitigate this blemish on the King & Spalding name.ā€

According to HRC, media reports have indicated that Clementā€™s hourly fees could top $1,000, which could his role in defending DOMA pricey for the U.S. government if the litigation, as expected, takes years to reach the Supreme Court.

James Esseks, director of the ACLUā€™s lesbian, gay, bisexual transgender and AIDS project, said Boehner’s decision to take on a private attorney to defend DOMA is notable at a time when deficit reduction is a top priority among U.S. leaders.

“It’s striking that Congress has decided at a time of budget cuts that this where they want to spend their money,” Esseks said. “They want to spend taxpayer dollars to try to defend a law that clearly is unconstitutional instead of trying of getting rid of the law, which they can easily do.”

Esseks said he doesn’t have an estimate for how much retaining Clement would cost the U.S government, but — noting his job history and his position at a prestigious law firm — said Clement’s legal fees would be probably be “pretty high.”

But Gary Buseck, legal director for Gay & Lesbian Advocates & Defenders, which has two pending cases challenging DOMA — Gill v. U.S. Office of Personnel Management and Pedersen v. U.S. Office of Personnel Management — had more mild words for Clement.

“Paul Clement is obviously a well-respected attorney,” Buseck said. “We’re happy the House has chosen its counsel so that the DOMA litigation can once again go forward.”

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Real Estate

Donā€™t procrastinate buying your home

Some experts predict rates will fall in June

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Spring is in the air and itā€™s a great time to buy a new home.

As springtime fills the air, cherry blossoms are blooming, much of the year still lies ahead and many have started to think about how they are progressing with their 2024 goals. If the dream of buying a house was put on hold when the interest rates went from 3% to almost 8%, and life got in the way of an idea that had gotten onto your to-do list, maybe now is the time to dust it off. 

Mortgage lender Tina Del Casale from Sandy Spring Bank says, ā€œThere is still hope the Fed will be happy with inflation numbers by June to finally pull the trigger on lowering interest rates.ā€  

The rates might not be as low as they were in 2021, but historically, they are still not as high as they were 20 years ago. Some peopleā€™s parents remember getting interest rates that were 12%, 14% or even higher.   

One of the biggest questions I get at homebuyer seminars is about is the process. What is buying a house ACTUALLY like?  I usually tell them that itā€™s like anything else. One step at a time. One form at a time. One bank transfer at a time. One house showing at a time. One home inspection at a time. If you have the wherewithal to plan a vacation, you can buy a house. 

  • Finding a Realtor
  • Finding a lender to get pre-approved (how much is your budget and what is a comfortable monthly payment)
  • Are there any first-time buyer programs that could be used? Is there down payment assistance?
  • Looking at the houses.
  • Finding one you like, and putting an offer together:
    • An offer usually involves a sales contract, any special forms that the jurisdictions require (lead-based paint acknowledgements, what appliances and systems in the house are included/excluded, if the home is part of a homeowners association, or a condo association, etc.)
    • Any forms related to getting an inspection done.
    • Who is selling the house, who is buying the house, how much is it being sold for, where it is exactly, and who are the others involved in the transaction (title company, agents, etc.)?
  • Getting any inspections done.
  • Negotiating any changes in the sales price or terms, or credits for inspection items.
  • Getting the final approval for the loan and then going to settlement.

Many people get interested in buying a house, but the ā€œunknownā€ of it all can be daunting. It could be that the best way to think about it, is that like most things in life, you canā€™t cross every bridge BEFORE you get there. You just take it one day at a time. Some things will be surprisingly easy. Some things will require the advice of experienced lenders, Realtors, home inspectors and title attorneys.  

But if the process doesnā€™t begin somewhere, somehow, the idea just stays in oneā€™s head in the ā€œto do listā€ file.  And then 3 years go by, 5 years go by, 7 years go by. And your friends that DID buy a house laugh themselves to the bank when they go to sell the house they bought 3 years ago, 5 years ago, or 7 years ago.

If you need any recommendations for a local lender or Realtor, please donā€™t hesitate to ask.

Joseph Hudson is a referral agent with Metro Referrals. Reach him at [email protected] or 703-587-0597.

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Advice

Giving up drinking is killing our relationship

What happens when one partner is sober and the other isnā€™t

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Iā€™m a 38-year-old guy, was single for most of my 30s, which I didnā€™t like at all, and I finally met a great guy last Memorial Day Weekend. 

Until New Yearā€™s I would have said that everything was going great. I was on Cloud Nine. Eric is kind, handsome, smart, and a great catch.

But in December he decided to do ā€œDry January.ā€ It was kind of on a whim I think. We were out with some friends and one of them said he was not going to drink at all for the month of January.Ā He thought alcohol was playing too big a role in his life so he wanted to see what life would be like without it. Another friend said he would do it too, and then Eric said he would.

I wish we hadnā€™t gone out that night and then this whole thing wouldnā€™t have happened.

So, as the month progressed, Eric started talking more and more about how much better he was feeling without alcohol in his body or his life.

I donā€™t think we drank that much pre-January. Yes, weā€™d have something to drink every time we went out, with friends or just together, but not to excess.

At some point, Eric started saying that he wasnā€™t really enjoying going out with our friends, as he wasnā€™t drinking and they were (except the two friends who were also doing the Dry January thing). This meant Iā€™d either go out without him (which I didnā€™t like) or weā€™d stay home, or go out just the two of us. But then if Iā€™m drinking and heā€™s not, it just feels awkward. He hasnā€™t said anything but I feel like heā€™s judging me whenever I have a drink.

I was hoping heā€™d relax about the whole thing at the end of the month but now heā€™s decided he doesnā€™t want to drink anymore at all.

To make matters worse, he says that the month made him think more about the big role alcohol plays in his life (his words) and he has started going to Alcoholics Anonymous meetings.

So where does this leave me? I do want to keep drinking. Iā€™m just a social drinker and I donā€™t have a problem with alcohol. I think it adds a fair amount of fun to my life. Plus, all my friends drink (including the two who did Dry January) and itā€™s a big part of our socializing. If you donā€™t drink when everyone else is drinking, itā€™s really not fun and it feels weird.

At this point Eric doesnā€™t go out with the friend group we were going out with because he doesnā€™t have a good time as the only non-drinker. (I get it, thatā€™s one of the reasons I drink when my friends are drinking.) So I go out sometimes without him, which as I mentioned doesnā€™t feel so good, and which I donā€™t think is great for our relationship; or I donā€™t go out with my friends, which I donā€™t like.

I love Eric and I could see us having a great life together but his not drinking has opened what feels like a chasm between us.

How do couples handle this situation, where one person wants to stop drinking and the other does not? The impact is seeming increasingly huge to me and I donā€™t see how to make it stop being a divisive problem.

Michael replies:

I donā€™t think that Ericā€™s sobriety needs to be a divisive problem, if you can tolerate that you donā€™t get to have your life with Eric be exactly as you would like. 

This is the same dilemma that everyone in a serious relationship must face. Our partners are always different from us in some important ways, even if it doesnā€™t seem that way at first. And we have to figure out how to live with these differences, contentedly for the most part.  Our partners face the same challenge. 

Of course, not every difference can be (or should be) resolvable. For example, if one person is determined to parent and the other person is determined to be child-free, it makes great sense to part ways ā€” unless one person decides theyā€™d rather stay with their partner than have it their way.  

You and Eric have to figure out if your differences around alcohol are a deal-breaker, or if you can find a way to build a solid relationship, even as you drink socially and he is sober.

Whether and how you do this are for the two of you to figure out.  That said, here are some ideas for your consideration: 

  • Can you accept Ericā€™s not joining you for some or even many of your social activities?
  • Can you and Eric talk about what might help him be more comfortable joining your friends now and then?
  • Can you ask Eric what itā€™s like for him when you are drinking, rather than assuming that he is judging you? (Important question for your consideration: What led you to make that assumption rather than asking him?)
  • If Eric is making friends in Alcoholics Anonymous, would you want to join him at times when he socializes with them? 

The main ingredients here are generosity, flexibility, collaboration, and curiosity.

Speaking of curiosity, rather than wishing that the two of you had missed that invitation to participate in Dry January, how about being curious about Ericā€™s decision to stop drinking? I suspect that your dismissiveness has a negative impact on his desire to be close to or confide in you. If you are curious about this important life change that Eric is undertaking, you will certainly learn a lot about your boyfriend, and likely deepen your connection.

Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. He can be found online atĀ michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it toĀ [email protected].

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Real Estate

Down payment strategies: Financing your home purchaseĀ 

Understanding the options key to unlocking the door to a dream home

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Looking for your dream home? First, you need to understand how to make the down payment.

Navigating the path to homeownership can be a complex journey, especially when it comes to accumulating the necessary down payment. For members of our LGBTQ community, understanding the available options for saving and financing this crucial aspect of home buying is key to unlocking the door to their dream home. Let’s explore effective methods and resources specifically designed to support LGBTQ individuals on their path to homeownership.

Traditional Savings Strategies

Saving for a down payment often begins with traditional methods such as setting aside a portion of your income into a dedicated savings account. High-yield savings accounts and automated savings plans, some offering up to 5% interest in today’s market, can expedite the process, providing a disciplined approach to accumulate funds over time. Additionally, exploring investment opportunities that match your risk tolerance can offer potential growth for your down payment savings.

Down Payment Assistance Programs

A variety of down payment assistance programs exist to help homebuyers with their initial costs. These programs often offer grants or low-interest loans to first-time homebuyers or those who haven’t owned a home in the past three years. 

It’s essential to speak with a GayRealEstate.com agent to determine what programs may be available, plus online research into local and state assistance programs, as many are designed to support individuals in specific communities, including the LGBTQ+ community.

For medical professionals, police, teachers, firefighters, and other community heroes, there are several special loan and assistance programs designed to help with home purchases, often offering benefits like down payment assistance, reduced closing costs, and more favorable loan terms.

The Hero Home Loan Program provides first responders, including police officers, firefighters, and paramedics, with benefits such as lower interest rates and reduced closing costs. This program aims to make homeownership more accessible by offering more flexible credit score requirements and down payment assistance .

For educators, firefighters, law enforcement officers, and medical professionals, the Everyday Hero Housing Assistance Fund (EHHAF) offers closing cost assistance through gift funds. This program is designed to support those who serve their communities by making homeownership more affordable, with no repayment required for the grant fundsā€‹ā€‹.

The HUD Good Neighbor Next Door Program offers up to 50% off the list price of homes for law enforcement officers, pre-Kindergarten through 12th-grade teachers, firefighters, and emergency medical technicians. This initiative aims to encourage community revitalization by assisting these professionals in homeownership within the communities they serveā€‹ā€‹.

Homes for Heroes provides assistance specifically to first responders and offers significant savings through Hero Rewards when buying, selling, or refinancing a home. On average, participants save $3,000, with the program offering real estate and mortgage specialist connections tailored to the needs of first respondersā€‹ā€‹.

LGBTQ-Friendly Lending Options

Finding a lender that understands and supports the unique needs of our LGBTQ community can make a significant difference. Some lenders and organizations specialize in offering inclusive financial products and resources to assist LGBTQ+ homebuyers. These may include specialized mortgage products, financial planning services, and guidance through the home buying process.

The journey to homeownership is a milestone that requires careful planning and support. Remember, every step taken towards saving and financing your home purchase brings you closer to the dream of homeownership.

(GayRealEstate.com offers valuable resources and advice tailored to meet the unique needs of our LGBTQ+ community in their journey towards homeownership. For more comprehensive guidance and support in navigating the home buying process, visit GayRealEstate.com choose an agent and start a no-obligation conversation today.)

Jeff Hammerberg is founding CEO of Hammerberg & Associates, Inc. Reach him at [email protected].

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