Living
Boehner: Cut DOJ funds to pay for House DOMA defense
Speaker taps Bush solicitor general to defend law
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.”
Hi Michael,
When is it worth stopping being friends with someone, or more than one person?
Lately I feel like my friends aren’t being very nice to me. In fact it reminds me of high school, and junior high school, when I was being bullied.
I’m not the most attractive in the group, I know that. They are always ribbing me about not working out enough or that I should get a hair transplant (I am balding) or making fun of the way I dress. I am not that stylish, I just don’t have a good sense for clothes. I thought about asking for some advice but I worry that would just lead to more mocking.
That I am not having as much sex as they are—it’s actually my preference, but of course I get comments about not being able to get someone to hook up with because of my appearance, clothes, low-key personality etc.
As I’m writing this I could go on and on. I think I’ve just tried laughing with them or ignoring it, but it does really get to me.
There’s a standard in this town that I know I don’t fit. Great body, handsome face, overall hot, witty and sarcastic sense of humor, make a lot of money in some impressive job. I am sure you know the type I am describing.
Some of the things I can’t help (appearance), some I don’t really want to fix (hooking up a lot). My brother died of an overdose so I don’t use drugs or alcohol, which, no surprise, evokes more judgment.
My job is my job, I like it a lot and it is meaningful to me but I’m never going to be rich.
The problem with that is, all my friends like to take a lot of expensive vacations. I can go on some but not on all. When we go I am watching my expenses, which provokes more judgment and jokes, always delivered as if they are “kidding” but it hurts.
I started off by saying I feel like I’m back to being a bullied kid. You know, laugh it off so that they don’t see you crying. But it doesn’t feel like I am respecting myself when I do that.
If I speak up and ask them to stop, I just get more jokes. I am NOT taken seriously.
The idea of walking away is scary, though. Who else would I have to spend my weekends with? I am afraid of being lonely.
I could write more but I think I’m conveying why I am feeling pretty hopeless about these friendships.
Michael replies:
I think it’s a bad idea to spend time with people who are mean or abusive toward you.
But before you walk away from your friend group, do you think it’s worth talking to them, individually, or as a group? In a serious way, without joking, laughing, or minimizing your pain so as not to make them uncomfortable.
Their behavior sounds very junior high school, but they are adults. Telling them how their behavior affects you might lead them to confront themselves, but it might not.
You didn’t write anything about what you actually like about these friends. Is it just that they allow you to spend time with them? Or do they have some good qualities? Getting clear about this would help you figure out if you want to push for change here.
I know what you mean about “the standard” in D.C. (and very likely in other locations). I hear from clients over and over about the hierarchy of attractiveness and success. When people don’t feel they measure up, it is easy to feel less-than, and invisible.
There are lots of reasons why gay men can be mean to other gay men. (Of course, everyone can be mean, and for all sorts of reasons). One biggie: it’s nice to feel like part of the in-crowd, after growing up feeling like an outcast. But this means establishing a pecking order so that there are others to look down on and exclude. It’s understandable, all too common, and unkind.
It’s also true that the heterosexual world tends to value beauty in women and financial success in men. Gay men hit themselves with a double whammy, glorifying both.
Still, you’re not going to single-handedly change the problematic aspects of gay culture. You may be able to influence some of your friends, however. That remains to be seen, and would take some courage on your part if you want to tackle that.
It does sound like it’s time for you to make some new friends. This may seem even more scary than speaking up to the friends you have, but it also might give you a sense that you are taking control of your life.
True, in D.C. (and elsewhere), there are a lot of gay men focused on the attributes you say you lack. But “the scene” is not the only game in town. There also have to be a good number of guys out there who are looking for other qualities that you may possess, and that you may also admire in others. These are the people for you to find and befriend.
I can’t tell you exactly how to go about that. You’re going to have to be creative and try some new things. Activity groups, hobbies that involve other people, sports. You never know whom you might meet, where. Don’t forget that you might enjoy meeting and hanging out with people who aren’t gay, as well.
You didn’t mention anything about looking for love in your life. Maybe that’s not your interest; maybe you don’t feel like adequate partner material (if so, I hope you will work to challenge that belief); or maybe you’re doing just fine in that area. I don’t know. But if you would like to find a good guy, I hope that widening your field will help.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, New York, and all PSYPACT states. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].
Real Estate
With gas prices soaring again, a staycation is a good plan
Home can be your personal retreat and your own private resort
When airfare costs more than your monthly utility bill and a weekend road trip requires a second mortgage just to fill the gas tank, many homeowners are discovering an unexpected luxury: the staycation.
A staycation isn’t settling for less—it’s reaping the benefits of one of the biggest investments you can make: your home. Much more than a place to sleep, it’s your personal retreat, your gathering place and, with a little preparation, your very own private resort.
Whether you own a single-family home, a townhouse, or a condo, creating a memorable staycation starts with appreciating what made you fall in love with your property in the first place.
Start with a home refresh. Think about checking into a beautiful vacation rental. It’s spotless, organized, and inviting. You can recreate that same feeling by spending a day preparing your home before your staycation officially begins.
Clear away clutter, deep clean the bathrooms and kitchen, wash the windows, and put fresh linens on every bed – even if you’re not expecting guests. Fluff the pillows, light a favorite candle, and place fresh flowers on the table. These small touches instantly make your home feel more luxurious.
If your budget allows, hiring a professional cleaning service can be one of the best staycation perquisites you make. After all, vacation should begin the moment you wake up and not after you’ve spent the day scrubbing floors.
Treat your staycation like a real trip. Set away messages on your phone and out of office notices on your email. Skip unnecessary chores for a few days. Giving yourself permission to relax may be the most valuable part of the entire experience.
One of the greatest advantages homeowners have over travelers is private outdoor living space. Whether it’s a spacious backyard, a screened porch, a rooftop terrace, or a cozy condo balcony, these areas can become the centerpiece of your staycation.
Stringing lights and adding comfortable seating, colorful planters, and outdoor rugs can completely transform the atmosphere without spending thousands of dollars. Add a portable fire pit, a tabletop fountain, or a hammock, and suddenly your backyard starts competing with many resorts.
Host an evening cookout, organize a game night, invite neighbors over for dessert, or gather around the fire pit for conversation after sunset. These simple moments often become the memories we treasure most.
Inside, transform your family room into a home theater complete with popcorn and comfortable blankets. Turn your breakfast room into a morning coffee café. Designate a quiet reading corner where phones are prohibited. Create a spa-like bathroom with plush towels, candles, bath salts, and relaxing music.
One of the highlights of traveling is experiencing new food. Instead of dining out every night, create themed dinners inspired by your favorite destinations. Prepare homemade Italian pasta one evening, Caribbean grilled seafood another, or a backyard Texas barbecue over the weekend. For a touch of whimsy, dress the part.
Pair each meal with music and libations from the region and enjoy dinner outdoors whenever possible. Suddenly, your dining room becomes part of the vacation experience instead of just another place to eat.
Families with children can turn a staycation into an adventure by seeing their home through a child’s eyes. Set up a backyard camping experience with a tent, flashlights, and s’mores around the fire pit. Transform the living room into an indoor campground complete with sleeping bags and a movie under a blanket “fort.” Organize a backyard Olympics with relay races, water balloon tosses, scavenger hunts, or miniature golf using household items.
Encourage children to plan a family picnic in the backyard or on the patio, choose a theme for a movie marathon, or help prepare meals inspired by countries they’d like to visit someday. The goal is to create experiences your children will remember long after summer is over.
Enjoy the amenities you already pay for. Condominium communities and many planned neighborhoods offer amenities that residents often overlook.
Swimming pools, fitness centers, tennis and pickleball courts, walking trails, clubhouses, grilling stations, and community gardens are designed to enhance your lifestyle. During your staycation, make a point of exploring everything your community offers. You may discover you’ve been living beside your own private resort all along.
Real estate professionals often talk about resale value, appreciation, and return on investment. While those things certainly matter, there’s another return that’s harder to measure: the enjoyment you get from living in your home every day.
You don’t need a boarding pass to recharge. You don’t need a hotel reservation to make memories. Sometimes the perfect getaway is the one you already own.
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
The latest Honda Civic hatchback and Subaru Impreza are two of the segment’s stars. Both offer sensible pricing, excellent utility and enough personality to avoid feeling like appliances.
The Civic is more polished. The Impreza, more rugged. Luckily, neither is trying to be obnoxiously flashy.
HONDA CIVIC
$28,000
MPG: 30 city/38 highway
0 to 60 mph: 8.9 seconds
Cargo space: 24.5 cu. ft.
PROS: Fuel efficient. Spacious cargo area. Good resale value.
CONS: No all-wheel drive. Fussy infotainment. Low rear headroom.
WHAT’S NEW: Only minor updates for 2026. The biggest change carries over from last year’s refresh: the addition of the hybrid, which has become a star performer.
The Honda Civic hatchback won’t scream for attention. It won’t arrive wearing sequins and carrying a smoke machine. It’s more like Nomi Marks from “Sense8”: intelligent, sophisticated and impressively capable.
The styling remains handsome and clean. Long hood. Low roofline. Crisp lines everywhere.Honda resisted the urge to make this vehicle look like a spaceship or an angry robot. That’s refreshing.
Inside, the dashboard is simple and elegant. The honeycomb air-vent treatment remains one of the coolest interior details in the segment. Materials feel expensive. Controls are easy to understand. And visibility is excellent.
I love how the cargo space is generous, with rear seats that fold flat. A bicycle, several suitcases or enough supplies for an ambitious weekend road trip fit without much hassle.
Then there’s the hybrid. The system produces a healthy amount of power while delivering fuel economy that borders on the absurd. Around town, handling feels smooth, quiet and surprisingly quick. You almost glide through traffic. The standard gasoline engine isn’t bad, but the hybrid is stellar.
The Civic also shines on twisty roads. Steering is precise. Body motions stay controlled. The suspension strikes a sweet balance between comfort and sportiness.
Biggest weakness? No all-wheel drive. For drivers in snowy climates, that’s not so good.
Still, the Civic’s stellar combination of efficiency, quality, and driving enjoyment remains incredibly hard to beat.
SUBARU IMPREZA
$27,000
MPG: 27 city/33 highway
0 to 60 mph: 8.5 seconds
Cargo space: 20.4 cubic feet
PROS: All-wheel drive. User-friendly tech. Safety cred.
CONS: No hybrid version. Some road noise. Modest cargo room.
WHAT’S NEW: The Impreza receives relatively minor updates for 2026. Subaru continues refining this hatchback rather than reinventing it.
If the Honda Civic is urbane, the Subaru Impreza is unfussy. There’s a kind of Kristen Stewart energy here. Cool without trying too hard.
The styling isn’t dramatic, but it works. This hauler appears ready to tackle rain, snow, dirt roads or an impromptu weekend escape.
And all-wheel drive comes standard on every Impreza. (Most competitors only offer front-wheel drive or include all-wheel drive as a pricey option.)
The result: Slippery roads simply don’t create much anxiety. The suspension absorbs bumps nicely. Long trips are comfortable. Visibility is great, thanks to relatively thin roof pillars and large windows.
I like how the cabin is functional rather than fancy. Materials don’t quite match the Civic’s upscale vibe, but everything feels sturdy. A large infotainment screen dominates the dashboard and generally works well, though some drivers may prefer more physical buttons.
Cargo space is respectable, and the design makes loading bulky items easy.
Performance depends heavily on trim. The base engine gets the job done, but nobody will confuse it for a sports car. The RS trim’s larger engine provides more power and makes the ride livelier. But even then, acceleration remains merely adequate.
The Impreza’s real appeal lies elsewhere, with a mix that few rivals can match: hatchback practicality, standard all-wheel drive, strong safety scores and reasonable pricing.
Perhaps that’s the key difference between these two hatchbacks. The Honda Civic impresses immediately. The Subaru Impreza grows on you.
Fortunately, choosing between them is less stressful than deciding who gets the last mimosa at brunch.
PHOTOS: Petal Release Party
Madonna headlines World Pride Music Festival in Amsterdam
Reggie White relishing first season as artistic director of Woolly Mammoth
PHOTOS: Amsterdam Pride Canal Parade
Amsterdam Pride Canal Parade draws hundreds of thousands
Madonna to perform at World Pride in Amsterdam
BLADE ENDORSEMENT: Susan Stewart for mayor of Rehoboth Beach
PHOTOS: Lambda Legal in the Pines
Calendar: July 31-August 6
