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Boehner denies DOMA contract violates law

Dodges question on whether cost to defend DOMA will exceed $500K

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

U.S. House Speaker John Boehner (R-Ohio) asserted on Thursday that a contract executed to hire a private attorney to defend the Defense of Marriage Act in court complies with the law — despite earlier reporting that the agreement may be in violation of rules regarding government contracts.

During a news conference, Boehner denied the agreement was in violation of any House rules when asked by the Washington Blade if he’s confident the contract doesn’t violate a law mandating that government-allocated funds be approved through the congressional appropriations process before they’re obligated for any purpose.

“This hiring was approved by the Bipartisan Legal Advisory Group,” Boehner said. “I’m confident that it complies with all of the rules of the House.”

Boehner didn’t answer a subsequent question on whether he could assure taxpayers that the cost of hiring attorney Paul Clement won’t exceed the $500,000 initial top sum cap that was agreed to in the contract.

In April, House General Counsel Kerry Kircher, under direction from Boehner, executed a contract with Paul Clement, a former U.S. solicitor general, to assist with defense of DOMA in court for an initial total sum cap that could reach $500,000 and a blended rate of $520 an hour. The Bipartisan Legal Advisory Group had previously voted 3-2 on a party-line basis to take up defense of DOMA, which prohibits federal recognition of same-sex marriage, after the Obama administration announced in February it would no longer defend the anti-gay law in court.

The contract was executed with Clement through his partnership with the law firm Bancroft LLC. Clement had earlier been contracted to defend DOMA in court through his employment at King & Spalding, but the firm dropped the agreement to defend DOMA, citing an inadequate vetting process prior to taking up defense of the statute. Clement resigned from his position at King & Spalding and went to Bancroft, where he pledged to continue litigating on behalf of the law.

But many lawmakers have questioned the source of the funds for hiring Clement because they weren’t appropriated before his contract was executed and the Bipartisan Legal Advisory Group has no budget to allocate funds for this purpose.

Last month during a House Legislative Branch Appropriations Subcommittee hearing, Rep. Mike Honda (D-Calif.) asked Kircher and Dan Strodel, the House’s chief administrative officer, about the source of the funds for hiring Clement. Kircher replied they they wouldn’t come out of the Office of General Counsel’s budget and Strodel said he didn’t know from where the money would come.

According to The Huffington Post, Honda believes that the contract could be violating the Anti-Deficiency Act, which prohibits “involving the government in any obligation to pay money before funds have been appropriated for that purpose.” Violating the law with prior knowledge could lead to a fine or imprisonment.

In a statement provided to the Blade, Honda criticized Boehner for his response during the news conference and said continued defense of DOMA in court shouldn’t happen when the economy is the priority for Americans.

“Speaker Boehner just doesn’t get it,” Honda said. “The American people want Congress to focus on creating jobs and finding a way to preserve Medicare for future generations, not paying a high-priced private law firm $520 per hour to defend a constitutionally flawed and discriminatory law.”

Following the publication of The Huffington Post report, Democrats on the Committee on House Administration raised the question of whether the contract violated the Anti-Deficiency Act in a May 18 letter to Boehner. House Minority Leader Nancy Pelosi (D-Calif.) had also raised concerns about the contract in April 18 and April 20 letters to the House speaker.

Drew Hammill, a Pelosi spokesperson, said Pelosi has yet to receive a response from the letters she sent on April 18 or April 20, nor have Democrats on the Committee on House Administration received a response to their inquiries.

“It is long overdue for Mr. Boehner to answer the questions raised by Leader Pelosi and Members of the Committee on House Administration,” Hammill said. “Mr. Boehner has put taxpayers on the hook for his legal boondoggle to defend an indefensible statute. Apparently, the Republican mantra of spending cuts does not apply to their rightwing ideological agenda.”

Hammill noted the decision to defend DOMA in court was approved by the Republicans on the Bipartisan Legal Advisory Group with strong objections voiced by Pelosi and House Minority Whip Steny Hoyer (D-Md.). Additionally, Hammill said the contact wasn’t shared with Democrats on the Committee on House Administration before it was signed.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said Boehner’s response during the news conference is insufficient in the wake of questions that House Democrats raised following the execution of the contract.

“As the speaker remains adamant about defending discrimination with taxpayer dollars, members of Congress have rightly questioned the contract and procedure that brought in outside counsel,” Cole-Schwartz said. “This non-answer from Speaker Boehner isn’t even close to adequate especially given that it’s a member of the Bipartisan Legal Advisory Group, Minority Leader Pelosi, who has been demanding answers to these exact questions.”

The exchange between the Blade and Boehner follows:

Washington Blade: Mister Speaker, two questions on your decision to hire Paul Clement to defend the Defense of Marriage Act in court. First, are you confident that this contract isn’t in violation of the Anti-Deficiency Act? The amount of money to pay Clement seems to have been agreed upon first without being appropriated by Congress. Second, the contract hires Clement for initial total sum cap of $500,000. Can you assure the U.S. taxpayer that the cost of hiring Clement won’t exceed that amount?

Boehner: This hiring was approved by the Bipartisan Legal Advisory Group. I’m confident that it complies with all of the rules of the House.

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New York

Judge blocks DOJ from obtaining transgender patients’ medical records

Advocacy groups sued White House

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Protesters pushed for protections for transgender children’s right to healthcare outside the D.C. Attorney General’s office in 2025. (Washington Blade photo by Michael Key)

A judge for the U.S. District Court for the Southern District of New York has granted a request from multiple transgender people for a temporary restraining order, blocking the disclosure of plaintiffs’ and class members’ medical information to the Justice Department.

Judge Katherine Polk Failla approved the Temporary Restraining Order and Provisional Class Certification, preventing any further information from being provided to the Trump-led DOJ.

The medical data was requested through subpoenas issued by the Trump-Vance administration’s DOJ to multiple hospitals in New York City — most notably NYU Langone — which halted its Transgender Youth Health Program in May following a federal push to stop providing trans minors with gender-affirming care.

In May 2026, NYU Langone Hospitals received a subpoena from a federal grand jury in Fort Worth, Texas, demanding that the hospitals turn over the identities and sensitive health information of any patient who had received medical treatment for gender dysphoria while under the age of 18 at NYU Langone between January 2020 and May 2026.

Lambda Legal, the American Civil Liberties Union, and the New York Civil Liberties Union filed a lawsuit, “Coe, et al. v. Blanche, et al.,” against the Trump-Vance administration on behalf of three families with trans youth and two trans young adults who were minors when they began care, in June 2026.

The lawsuit requests a temporary restraining order blocking the DOJ from violating the patients’ constitutional privacy rights by obtaining identifying and sensitive health information as part of its investigation into unspecified health offenses. The DOJ issued subpoenas to NYU Langone and other similar healthcare institutions in New York City, including Mount Sinai, that provide or have provided gender-affirming medical care to trans minors. All plaintiffs have filed under pseudonyms to maintain their privacy and anonymity.

Multiple leaders of organizations that helped push for the restraining order provided quotes about the ongoing situation and what it means for the fight for trans children’s access to healthcare in the U.S.

“Today’s order from the court is a victory for the basic privacy of our clients and all families like theirs across New York City. It is no secret that this administration will use every lever in its power to attack transgender people and fulfill its misguided goal to ‘end’ gender-affirming medical care — care that is legal and protected in New York State. Using subpoenas to attain the identities and sensitive health information of transgender young people to effectuate such goals should send chills down the spine of every American. Our laws and our Constitution recognize that we all have a right to confidentiality about the most intimate and private information about ourselves,” said Omar Gonzalez-Pagan, senior counsel and health care strategist at Lambda Legal. “Whether a young person receives any type of medical care is a decision for that patient, their family, and their doctor, not for political appointees to decide, interfere with, or know. The government cannot abuse its powers to violate the constitutional rights of transgender young people and their families. It is an enormous relief for these families that the court has stopped them from doing so as this case proceeds.”

“We’re thankful the court has granted our emergency request to protect the privacy interests of transgender New Yorkers and their families,” said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Rights Project. “Patients and families trust their doctors with their most intimate, private information and should trust in turn that this information will be protected from impermissible and harassing demands for disclosure from the federal government or anyone else. For the past year, the Trump administration has not only decided that it knows better than these families and their doctors what their medical needs are, but has also sought to obtain troves of sensitive information about patients in New York. We will continue to fight on behalf of these families and the fundamental liberty of all transgender New Yorkers and those who come here to seek needed medical care.”

“New York’s laws recognize that transgender youth deserve fundamental privacy protections for their sensitive medical records and unobstructed access to the care they need,” said Bobby Hodgson, deputy legal director at the New York Civil Liberties Union. “As the Trump administration tries to bully transgender youth, scare families, and intimidate healthcare providers into dropping their patients, we’re thankful the court found these tactics are likely unconstitutional and put a stop to them here in New York.”

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Federal Government

Trump holds housing bill hostage to anti-trans SAVE Act

President’s SAVE Act failed in the Senate

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People protesting the restrictive and anti-trans SAVE Act in March. (Washington Blade photo by Michael Key)

President Donald Trump is refusing to sign a new bipartisan housing bill unless his SAVE Act is approved by the legislative branch.

The bill being prevented from being enacted into law is the “21st Century ROAD to Housing Act.” The legislation is an attempt by Congress to make buying a home in the U.S. Senate more affordable in response to various factors — including housing shortages and regulatory constraints — that have made homeownership increasingly difficult. The total number of homeowners has nearly stopped growing, with high interest rates and surging home prices pushing more Americans toward renting.

The housing bill was considered highly bipartisan, something that is rare in this Congress. The House voted to pass the bill 358-32 on Tuesday after the Senate approved the measure 85-5 a day earlier. The legislation was led by U.S. Sens. Elizabeth Warren (D-Mass.) and Tim Scott (R-S.C.) in the Senate and U.S. Reps. Maxine Waters (D-Calif.) and French Hill (R-Ark.) in the U.S. House of Representatives.

Some of the highlights of the legislation are aimed at increasing the supply of affordable housing while making homeownership more accessible. The bill would streamline environmental reviews and direct the U.S. Department of Housing and Urban Development to provide guidance to communities on reforming zoning and land-use policies that can create barriers to housing development.

The legislation would also expand the definition of “manufactured housing,” making it cheaper and easier to mass-produce homes built in factories before being transported to their sites. To encourage additional development, the bill would provide grants and loans for the construction of new housing, the rehabilitation of aging properties, and the conversion of vacant buildings into residential units. It would also increase certain banks’ Public Welfare Investment cap, allowing them to direct more capital toward low-income and affordable housing projects.

In an effort to help more Americans purchase homes, the legislation would create a program to expand access to small-dollar mortgages, which are often used to finance lower-cost homes, while also seeking to improve housing opportunities for veterans. The bill would further promote homeownership by limiting the number of single-family homes that large institutional investors can own and requiring them to disclose how many such properties they control, a measure intended to prioritize American families over corporate buyers.

The bill the president wants enacted — the SAVE Act — is a restrictive and anti-transgender piece of proposed legislation.

The bill would impose a number of new limitations on voter registration across the country by amending the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections. The bill would also limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not possess — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

Trump pushed for the SAVE Act to include a provision that would ban gender-affirming medical care for trans minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

Trump also pressed Senate Majority Leader John Thune (R-S.D.) to eliminate the filibuster so the Republican-controlled Congress could pass the SAVE Act, saying Republicans will never win another election without it.

It is expected that Congress will override the president’s veto and pass the 21st Century ROAD to Housing Act, as it requires a two-thirds supermajority vote in both the House of Representatives and the Senate — a threshold the legislation currently exceeds.

It is not expected that the SAVE Act will pass the Senate in its current form. It passed the House, but every Democrat and four Republicans voted against it in the Senate.

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New York

N.Y. governor’s race presents stark contrast on LGBTQ rights

Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman

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Kathy Hochul (Photo courtesy of the then-New York Gov. Andrew Cuomo's office)

As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.

Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.

Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.

Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.

Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.

Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.

“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”

On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.

Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.

A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.

LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.

In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision

Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.

Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”

The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.

The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.

Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.

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