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.”
Real Estate
No Rose, your interest rate has nothing to do with how many likes you got on Hinge
Many factors help determine rates these days
Picture it, you’re sitting in the lunchroom at work, and your coworker just bought a house. Another coworker bought one a few months ago and you hear that she got a totally different interest rate than the other one did, even though they both bought houses not that far from each other. Homebuyers everywhere have been wondering what interest rates they are going to get, lately. It’s easy to read an article online or see an ad on social media stating specific numbers, but there may be more than meets the eye going into a particular buyer’s interest rate.
What are the factors that can affect the interest rate a buyer eventually “locks in”?
- Property details – certain properties may be in neighborhoods with higher rates of foreclosure, or there may be specific census tracts that allow a buyer to participate in the “Fannie Mae Home Ready” and “Freddie Mac Home Possible” programs, which carry more flexible requirements such as various income limits and lower interest rates, to help people begin homeownership.
- Type of loan / loan amount– a conventional, conforming loan or a jumbo loan can have differing interest rates, as well as FHA loans.
- Credit score – most people are aware that this affects what interest rate is quoted, just like on a credit card. Some lenders will work with you on ways to improve a credit score if the goal is to buy six, nine, or 12 months from now.
- Lock period – do you want to lock in the rate for 30 days? 45? Market volatility can cause the rates to change so it will cost more money to hold onto a particular interest rate.
- Loan to value ratio – one can still buy a home with less than 20% down, but the rate that is quoted may be higher.
- Occupancy type – is this the primary residence or an investment property?
- Points bought or credits taken – A buyer can pay the lender a fee to buy down the interest rate, or the seller can sometimes offer a credit. This has become more popular in recent years.
- Market conditions – keep an eye on the news – as we are all aware, change is the only constant!
Lender Tina del Casale with Atlantic Union Bank says, “With jumbo fixed rates in the low 6’s, and first-time buyer down payment assistance loans such as DC Open Doors, rates are in the mid 7’s. With the added factors of your income, the address you are purchasing and your credit score factoring into the equation, interest rates are different from buyer to buyer these days. So, skip the online tools and make a few calls because that’s the only way to get an accurate quote these days!”
It might feel like an overwhelming amount of information to take on, but remember, there are people that help others take these big steps every day. A trusted lender and Realtor can guide their clients from start to finish when it comes to purchasing a home. And for that, you’ll be saying, “thank you for being a friend!”
Joseph Hudson is a referral agent with Metro Referrals. Reach him at 703-587-0597 or [email protected].
Advice
Stop haranguing your husband about how you think he should behave
Make your point and then move on from the argument
Michael,
My husband is great, but he’s a pushover. It happens at work a lot. For example: His colleague, who came back from maternity leave about four months ago, is always leaving early. And Jeremy is always staying late to finish the jobs that they should be doing together.
But the most galling to me is that he doesn’t speak up for himself in his family. His parents (in my opinion) overtly favor his brother (who is straight) and his brother’s family. I could give a lot of examples. The latest: They’re treating the brother and the family to a cruise.
We’ve been together for 15 years, married for 12, and never get any such treatment.
Jeremy says his brother is strapped for cash (four kids, one income) and the family needs a break, whereas Jeremy doesn’t need his parents to pay for his (or our) vacation. I don’t really want to go on a cruise but it’s the principle of the thing.
Again, this is just one example. I feel bad for Jeremy being walked on, over and over, and I want him to start standing up for himself. Despite my repeated entreaties, he won’t.
When I push him on this, he tells me I’m not seeing the whole picture, or he sees it differently, or it’s not a big deal, or he’s fine with things as they are.
I can’t see how he could be fine with being taken advantage of, or not being appreciated. I think he’d have a much better life if he actually set some boundaries with people.
How do I persuade Jeremy to listen to me and be more assertive?
Michael replies:
Do you see the irony in complaining that you can’t get your husband to listen to you about being more assertive and setting a boundary?
You’ve made your point to Jeremy, repeatedly, and Jeremy is telling you to back off. In other words, he’s assertively setting a boundary with you.
You can’t get someone else to behave in the way you want, even when you’re certain that your way is best. Jeremy gets to decide how he wants to conduct himself.
Here’s a pattern I have noticed over and over again through my years of working with couples: When you try to do something for someone that is their own job to do, both you and the person you are trying to “help” wind up being resentful. You get annoyed that the other person won’t listen to your wonderful advice, and the other person gets annoyed because they don’t want someone else telling them what to do or how to live their life.
In this case, you’re trying to get Jeremy to stand up for himself more than he does, and he’s not interested in changing how he operates.
A great rule for relationships: You can advocate for what you want, but you have to let go of the result. (And advocate sparingly, or you risk being a nag).
You are continuing to argue the same point to Jeremy, and Jeremy isn’t interested in listening to you. As you asked for my advice, here it is: Cut it out before he gets into the resentment stage, if he’s not already there, as you apparently are.
Also, please consider that your repeatedly criticizing Jeremy’s parents where Jeremy sees no problem could damage not only your relationship with Jeremy, but also his and your relationship with his family.
We get to marry the person we marry. We don’t get to insist that they upgrade to a better (at least in our opinion) version. Trying to do so is not just disrespectful and a waste of time, it poisons the relationship.
So find a way to live with Jeremy as he is, or — if you find his acquiescent nature unbearable — leave. But don’t spend the rest of your marriage, or even another day, haranguing him about how you think he should behave.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. 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
The best U.S. cities for LGBTQ homebuyers in 2025
Where strong equality scores, vibrant culture, attainable prices converge
Buying a home has always been a landmark of security and self-expression. For LGBTQ+ people, it can also be a powerful act of claiming space in a country where housing equality is still a work in progress. The good news? This year offers more options—and more protections—than ever. A record-breaking 130 U.S. cities now score a perfect 100 on the Human Rights Campaign’s Municipal Equality Index (MEI), meaning their local laws, services, and political leadership actively protect queer residents, reports.hrc.org. Meanwhile, national housing analysts at Zillow expect only modest price growth this year (about 2.6 percent), giving buyers a little breathing room to shop around.
Below are eight standout markets where strong equality scores, vibrant LGBTQ+ culture, and relatively attainable prices converge. Median sale prices are from March 2025 Zillow data.
1. Minneapolis–St. Paul, MN
Median sale price: $317,500
Twin Cities residents benefit from statewide nondiscrimination laws that explicitly cover sexual orientation and gender identity, a thriving queer arts scene, and dozens of neighborhood Pride celebrations beyond the mega-festival each June. Buyers also appreciate Minnesota’s down-payment assistance programs for first-time and BIPOC purchasers—many LGBTQ+ households qualify.
2. Philadelphia
Median sale price: $227,667
Philly combines East Coast culture with Mid-Atlantic affordability. “Gayborhood” anchors like Giovanni’s Room bookstore mingle with new LGBTQ-owned cafés in Fishtown and South Philly. Pennsylvania added statewide housing protections in 2024, closing the legal gaps that once worried trans and nonbinary buyers.
3. Pittsburgh
Median sale price: $221,667
Don’t let the steel-town stereotype fool you—Pittsburgh’s MEI score is 100, and its real-estate dollar stretches further than in comparable metros. Lawrenceville and Bloomfield have become hubs for queer-owned eateries and co-working spaces, while regional employers in tech and healthcare boast top Corporate Equality Index ratings.
4. Tucson, Ariz.
Median sale price: $328,333
This desert city punches above its weight in LGBTQ+ visibility thanks to the University of Arizona, a nationally ranked Pride parade, and some of the country’s most picturesque outdoor recreation. Arizona’s statewide fair-housing statute now explicitly lists gender identity, giving buyers added recourse if discrimination occurs.
5. Madison, Wisc.
Median sale price: $413,867
Madison blends progressive politics with a top-five public university and a booming tech corridor. Local lenders routinely promote inclusive marketing, and Dane County offers one of the few county-level LGBTQ+ home-ownership programs in the nation, providing up to $10,000 in forgivable assistance for low-to-moderate-income couples.
6. Atlanta
Median sale price: $359,967
The cultural capital of the Southeast delivers queer nightlife, Fortune 500 jobs, and a web of supportive nonprofits such as Lost-n-Found Youth. While Georgia lacks statewide protections, Atlanta’s 100-point MEI score covers public accommodations, contracting, and employer requirements—shielding homebuyers who choose in-town neighborhoods like Midtown or East Point.
7. St. Petersburg, Fla.
Median sale price: $354,667 Yes, Florida’s statewide politics are turbulent, but St. Pete has long held firm on LGBTQ+ equality. The city’s Pride festival draws nearly a million visitors, and local ordinances bar discrimination in housing and public services. Waterfront bungalows in Kenwood and more affordable condos near Uptown give first-time buyers options.
8. Denver
Median sale price: $563,500
Colorado passed some of the nation’s strongest gender identity housing protections in 2024, and Denver’s queer community remains one of the most visible in the Mountain West. Although prices run higher, buyers gain exceptional job growth and one of the country’s largest Gay & Lesbian Chambers of Commerce.
Smart Strategies for LGBTQ+ Buyers & Sellers
1. Build Your Dream Team Early
- Work with an equality-focused real-estate pro. The easiest way is to start at GayRealEstate.com, which has screened gay, lesbian, and allied agents in every U.S. market for more than 30 years.
- Choose inclusive lenders and inspectors. Ask whether each vendor follows HUD’s 2021 guidance interpreting the Fair Housing Act to cover sexual orientation and gender identity.
2. Know Your Rights—And Limitations
- Federal law bars housing bias, but enforcement can lag. Document everything and report issues to HUD, your state civil-rights agency, or Lambda Legal.
- In states without full protections, rely on city ordinances (check the MEI) and add explicit nondiscrimination language to your purchase contract.
3. Evaluate Neighborhood Fit
- Use local data: crime stats, school ratings, transit, and MEI scores of nearby suburbs.
- Spend time in queer-owned cafés, bars, and community centers to gauge true inclusivity.
4. For Sellers: Market With Pride—And Professionalism
- Highlight proximity to LGBTQ+ resources (community centers, Pride festivals) in your listing remarks.
- Stage neutrally but inclusively—rainbow art is great, but removing personal photos can protect privacy during showings.
The landscape for LGBTQ+ homeowners is evolving fast. By coupling inclusive laws, supportive culture, and attainable prices, cities like Minneapolis, Philadelphia, and Tucson stand out for 2025. No matter where you land, surround yourself with professionals who value every part of your identity. Start your journey at GayRealEstate.com, lean on the resources above, and claim your corner of the American dream—on your own terms, and with pride.
Scott Helms is president and owner of Gayrealestate.com.
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