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Boehner: Cut DOJ funds to pay for House DOMA defense

Speaker taps Bush solicitor general to defend law

Published

15 years ago

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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, DOJ’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 DOJ’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.

“The House Republican Leadership continues to show that they’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 Boehner’s prescription has been to keep families he doesn’t like from accessing needed protections. To add insult to injury, he’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 partner 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. Clement’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.

“The firm of King & Spalding has brought a shameful stain on its reputation in arguing for discrimination against loving, married couples,” Solmonese said.  “No amount taxpayer money they rake in will mitigate this blemish on the King & Spalding name.”

According to HRC, media reports have indicated that Clement’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 ACLU’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

The financial realities facing LGBTQ+ first-time buyers

Beyond affordability: credit, support systems, and trust

Published

1 week ago

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October 4, 2026

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For many first-time buyers, the conversation starts with affordability but that only represents part of the picture. (Photo by karenroach/Bigstock)

For many first-time buyers, the conversation starts with affordability: home prices, interest rates, monthly payments, and the down payment. Yet these initial figures represent only part of the picture. For LGBTQ+ first-time buyers, credit history, access to financial support, household structure, and whether the professionals involved feel trustworthy can also shape the path to homeownership. While these hurdles affect various demographics and show up differently for everyone, they often create friction long before an offer is submitted.

Affordability Is Only the First Filter 

A buyer may be able to handle a monthly mortgage payment and still struggle to qualify for the loan they expected. Loan approval hinges on a holistic review that goes far beyond basic income. Lenders generally consider credit history, debt obligations, available cash, employment and income documentation, and the buyer’s overall financial profile. That distinction matters for first-time buyers who have spent years paying rent successfully but have a limited credit file, uneven credit history, student loan balances, or other debt. Even renters with flawless track records of managing monthly payments can run into unexpected hurdles when a lender applies standard underwriting criteria. Early preparation can help. By auditing credit reports, resolving discrepancies, tackling existing debt, accumulating savings, and engaging early with a certified loan officer, buyers can catch and fix vulnerabilities before they derail a deal.

Support Systems Can Change What Is Possible 

Homebuying advice often assumes that first-time buyers have access to a familiar financial safety net: parents who can help with a down payment, relatives who can provide a gift, or family members who can explain the process because they have purchased homes before. That support is not universal. Some LGBTQ+ buyers have strong financial and emotional support from their families of origin. Others turn to partners, close friends, trusted mentors, or chosen family for backing, while some navigate the entire venture independently. The important point is not to assume what a buyer’s support system looks like. The difference can be practical. When family assistance isn’t an option, buyers often need more time to build reserves. They may rely heavily on down-payment assistance programs or specialized loan options offered by their lender. A buyer receiving gift funds may need to understand documentation requirements before using those funds. Support also includes knowledge. Those raised around property owners often enter the process with a baseline understanding of key mechanics like earnest money, home inspections, appraisals, closing fees, and mortgage terminology. A first-generation buyer may be learning it all at once. Lacking that foundational awareness can lead to costly mistakes surrounding critical deadlines, hidden fees, and contractual obligations.

Household Structure Deserves Careful Planning 

LGBTQ+ buyers may purchase alone, with a spouse, with an unmarried partner, or in another shared household arrangement. These varying arrangements change the game for mortgage applications, combined credit assessments, titling methods, and the division of ongoing home equity. Those decisions deserve deliberate attention. Because two co-buyers may have vastly different credit standings, putting both names on a mortgage application isn’t always the best route. Mortgage responsibility and legal ownership are related, but not identical. A first-time buyer should be able to ask these questions without feeling awkward about explaining a relationship, correcting assumptions, or wondering whether a professional understands the household in front of them. If legal or tax complications surface, buyers should seek tailored advice from an independent professional.

Trust Is a Financial Issue, Too 

Trust can sound like a “soft” consideration compared with a credit score or closing-cost estimate. In reality, it directly shapes strategic financial choices at every stage of the transaction. A buyer who doesn’t feel comfortable with an agent or lender may hesitate to disclose concerns, ask basic questions, or admit they don’t understand a term. They might hold back on detailing how they plan to co-own a home with a partner, or unquestioningly agree to costs without fully grasping the long-term impact. That is a poor foundation for a major financial commitment. First-time buyers need professionals who explain the process clearly, respect the buyer’s household and identity, and make room for questions without judgment. High-level skill and deep market knowledge remain essential, but clear communication and accountability are equally vital. Buyers should understand who each professional represents, what that professional is responsible for, and when outside legal, tax, insurance, or financial advice may be appropriate.

A Better First Step Is Better Information 

The financial realities of buying a first home extend well beyond the list price. A buyer’s credit profile determines loan availability, while their support network dictates their financial wiggle room and access to guidance. Household structure can affect borrowing and ownership decisions. Ultimately, trust is what empowers a buyer to speak up, ask tough questions, and safeguard their financial well-being. For LGBTQ+ buyers, an affirming experience should not replace professional expertise. True support requires both identity-affirming care and top-tier professional guidance working in tandem. Pride Real Estate Connections was built from lived experience with exclusion in real estate and connects LGBTQ+ buyers, sellers, families, and allies with independent real estate professionals through its referral network. The goal is simple: connect clients with vetted agents and lenders who offer unconditional respect, deep expertise, and a space where no one has to minimize who they are. Buying a first home is already complex. Buyers deserve the clarity to focus on core choices: managing their budget, structuring ownership, navigating tradeoffs, and relying on advisors who truly have their back. Pride REC is a referral and connection platform, not a brokerage, and independent real estate professionals provide their own services. Buyers must execute their own due diligence and partner with accredited legal, tax, and lending specialists tailored to their unique needs.


Devin Schaff is co-founder of Pride Real Estate Connections.

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Real Estate

Factors to consider when hiring an interior designer

It’s essential to have confidence in the professionals you engage

Published

2 weeks ago

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September 27, 2026

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(Photo courtesy of StatePoint)

(StatePoint) Ready to redesign your home? Whether you have only a vague notion of how you want your spaces to look or a very specific vision, relying on the expertise of a professional can help you bring your dream home to life. Before choosing and hiring an interior designer, though, be sure to take the following factors into consideration:

Style: Identify your style. Is it boho chic? Industrial? Maximalist? Many designers have their own signature look and preferences. It’s best to understand what vibe you want first, then search for a designer who aligns with that style.

Past client projects: One of the best ways to know whether a particular designer is the right fit for you is to review their past client projects. Ask to see their portfolio or review their finished projects on their website or socials. Also, take a look at reviews and testimonials to ensure their previous customers walked away satisfied with a job well done.

Budget: Communicate your budget in advance of work to confirm that you and your designer are on the same page financially. Your decorator will need this ballpark figure to get a handle on the scope of the project and to make design decisions accordingly. You should also use this conversation to understand their rates so you can decide whether you want to move forward.

Preferred vendors: It’s important that the interior designer you choose has preferred vendors that they work with. These are partners they’ve built strong relationships with that provide the same first-rate experience they do, and have streamlined processes in place. “A home renovation has so many moving parts. That’s why we try to take the hassle out of the process for designers and homeowners alike,” says Katie Zess, senior marketing manager and director of Renewal by Andersen’s Interior Designer Loyalty Program. 

Through the loyalty program, the full-service window and door replacement division of Andersen Corporation offers their program members exclusive access and rewards, including a “designer discount” they can share with their clients. Renewal by Andersen also offers designers a dedicated point of contact to ensure a smooth process that’s customized for your project from start to finish. To learn more, visit renewalbyandersen.com.

Before you begin your home renovation, it’s essential to have confidence in the professionals you hire. Be sure your interior designer has fostered partnerships that will streamline your redesign, and that their goals and budget aligns with yours.

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Real Estate

The LGBTQ real estate map is being redrawn

Affordability, higher mortgage rates reshaping where we choose to call home

Published

2 weeks ago

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September 27, 2026

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LGBTQ buyers are looking beyond Palm Springs and other popular queer destinations these days when searching for a forever home. (Photo by photojohn830/Bigstock)

For decades, the map of LGBTQ+ America was relatively easy to recognize.

New York. San Francisco. Los Angeles. Palm Springs. Provincetown. Fort Lauderdale and Wilton Manors.

These communities became LGBTQ+ destinations because they offered something that wasn’t always easy to find elsewhere: visibility, acceptance, community and the freedom to live openly.

But that map is changing.

Today’s LGBTQ+ homebuyers are navigating a housing market defined by high prices, elevated mortgage rates and affordability challenges. At the same time, remote and hybrid work, retirement and the growth of LGBTQ+ communities beyond traditional destinations are giving buyers more choices about where to live.

Increasingly, the question isn’t simply, “Where are the most LGBTQ-friendly places to live?”

It’s also: “Where can I find community and afford the life I want?”

That shift may become one of the defining LGBTQ+ real estate trends of the coming decade.

Affordability Is Changing the Conversation

For many buyers, the biggest issue in today’s housing market is simple: the monthly payment.

The average 30-year fixed mortgage rate was 6.95% in mid-September, compared with 6.26% a year earlier, according to Freddie Mac.

Meanwhile, the median price of an existing U.S. home reached $429,100 in August, according to the National Association of Realtors.

The combination of elevated home prices and higher borrowing costs has changed what many Americans can afford—and where they can afford it.

Some buyers are purchasing smaller homes or condominiums. Others are moving farther from major urban centers. Still others are reconsidering expensive markets entirely.

For LGBTQ+ buyers, this is helping broaden the definition of an LGBTQ+-friendly place to call home.

LGBTQ+ Buyers Have More Choices

A generation ago, relocating away from a major city or established gay neighborhood could sometimes mean sacrificing access to a visible LGBTQ+ community.

That’s increasingly less true.

Traditional LGBTQ+ destinations such as Palm Springs, Fort Lauderdale and Wilton Manors, San Francisco, New York and Provincetown remain important centers of LGBTQ+ life. But today, LGBTQ+ buyers can also find established or growing communities in cities across the country.

Places such as Minneapolis, Columbus, Pittsburgh, Richmond, Atlanta and the Tampa Bay area are among the markets attracting buyers who may be looking for a different balance of housing costs, lifestyle and community.

The goal isn’t necessarily to find the cheapest house.

It’s to find the right combination of affordability, LGBTQ+ community, lifestyle, employment opportunities, healthcare, culture and quality of life.

Remote and hybrid work have expanded those possibilities for some buyers. If a job no longer requires being in an expensive employment center five days a week, the geographic search for a home can become considerably larger.

That can make communities that once seemed impractical suddenly worth considering.

Retirement Is Redrawing the Map, Too

Retirement is another important part of the changing LGBTQ+ real estate landscape.

As more Americans reach retirement age, LGBTQ+ retirees are considering where they want to spend the next chapter of their lives. Housing costs, taxes, healthcare, climate and proximity to airports, restaurants and cultural activities all play a role.

But LGBTQ+ retirees may have additional questions.

Will I feel comfortable living openly?

Is there an LGBTQ+ community nearby?

Can I find LGBTQ+-affirming healthcare?

Will I have opportunities to build a social network as I get older?

Those considerations can make choosing a retirement destination particularly personal.

Palm Springs and Fort Lauderdale/Wilton Manors remain well-known LGBTQ+ retirement destinations. But retirees are also exploring smaller cities and communities across the Southeast, Midwest and other regions where housing costs and lifestyles can look very different.

For many, the search is becoming less about moving to a famous gay destination and more about finding a place where community, lifestyle and affordability intersect.

Buyers Finally Have More Leverage

There is another significant change in today’s housing market: buyers have regained some negotiating power.

The National Association of Realtors reported 1.62 million existing homes for sale in August, up 5.9% from a year earlier. That represents approximately 4.9 months of housing supply, the highest level in more than a decade.

Realtor.com also reported that 20.4% of active listings had experienced a price reduction in August.

That’s a very different environment from the pandemic-era housing market, when buyers in many communities faced bidding wars, waived inspections and offers well above asking price.

Depending on the market, today’s buyer may have more time to evaluate a property and greater opportunity to negotiate price, repairs, closing costs or other concessions.

But there is an important caveat: there is no single national housing market.

Conditions can vary dramatically from one city—or even one neighborhood—to another. Some markets remain competitive, while others have considerably more inventory and negotiating room.

That’s one reason local expertise matters.

Sellers Need a Different Strategy

The changing market also has implications for LGBTQ+ homeowners considering selling.

Strategies that worked several years ago may not work today.

Buyers are highly sensitive to monthly payments, and an overpriced home can quickly be passed over when competing properties are available.

Sellers should pay close attention not only to recent comparable sales but also to homes currently competing for the same buyer.

Condition matters, too.

Repairs, landscaping, staging and professional photography can make a meaningful difference when buyers have more choices. Pricing correctly from the beginning has also become increasingly important.

More Than 30 Years Serving the LGBTQ+ Community

One part of buying or selling a home hasn’t changed: the importance of working with a real estate professional who understands your priorities.

For more than 30 years, GayRealEstate.com has served the LGBTQ+ community, connecting buyers and sellers with LGBTQ+ and allied real estate professionals throughout the United States.

Over that time, the GayRealEstate.com network has supported more than $2 billion in real estate sales and more than 55,000 transactions.

Behind those numbers are thousands of people making one of life’s most personal decisions: where to call home.

For LGBTQ+ buyers, that conversation can involve much more than bedrooms, bathrooms and price per square foot. It can include community, acceptance, healthcare, family, retirement, lifestyle and the ability to live openly.

An experienced LGBTQ+ or allied real estate professional can understand why those considerations belong in the real estate conversation.

Finding Home in a Changing America

The 2026 housing market presents real challenges.

Mortgage rates remain elevated. Home prices are high. Affordability continues to strain buyers across much of the country.

But there are also signs of a more balanced market. Inventory has increased. Price reductions have become more common. Buyers in many markets have regained negotiating power.

And for LGBTQ+ Americans, something else has changed: there are more places to consider calling home.

The next great LGBTQ+ destination doesn’t necessarily need the country’s largest Pride celebration or its most famous gay neighborhood.

It could be a smaller city with a growing LGBTQ+ community, attainable housing, good healthcare, strong cultural amenities and a quality of life that leaves room for travel, retirement or simply enjoying the home you’ve worked hard to own.

Ultimately, today’s LGBTQ+ real estate search increasingly comes down to three questions:

Where can I afford the life I want?

Where will I find my community?

And where will I feel at home?

The answers are becoming more varied—and that’s helping redraw the map of LGBTQ+ America.


Scott Helms is with GayRealEstate.com.

GayRealEstate.com has served the LGBTQ+ community for more than 30 years, connecting LGBTQ+ homebuyers and sellers with LGBTQ+ and allied real estate professionals across the United States. Its network has supported more than $2 billion in real estate sales and more than 55,000 transactions.

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