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Boehner maxes out $1.5 mil cost cap for DOMA defense

Dems decry continued support for anti-gay law as ‘unconscionable’

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The $1.5 million cost cap that House Speaker John Boehner has allotted to defend DOMA has been reached (Blade file photo by Michael Key)

The House Republican-led panel that has taken up defense of the Defense of Marriage Act in court has maxed out the $1.5 million cost cap set to hire private attorneys to advocate for the anti-gay law, according to a report from Democratic lawmakers.

On Tuesday, Democrats on the Committee on House Administration made public a report stating the House Bipartisan Legal Advisory Group — which took up defense of DOMA after the Obama administration announced it would no longer defend the law in court — has reached expenses totaling out to $1,447,996.73 over the course of fiscal years 2011 and 2012.

That’s just shy of the $1.5 million cost cap that House Republicans set last year to pay private attorney Paul Clement, a former U.S. solicitor general under the Bush administration, to defend DOMA. Thus far, Clement has lost in five federal courts against lawsuits challenging the constitutionality of DOMA — most notably after U.S. First Circuit Court of Appeals became the first appellate court to strike down the law.

In a statement, House Minority Leader Nancy Pelosi (D-Calif.) slammed House Republicans and Speaker John Boehner (R-Ohio) for their continued defense of DOMA, which prohibits federal recognition of same-sex marriage, at the expense of taxpayer money.

“For more than a year, Speaker Boehner and Congressional Republicans have committed valuable taxpayer dollars to defending discrimination and preserving inequality – only to lose case after case in their effort to uphold the Defense of Marriage Act,” Pelosi said. “There is nothing effective or efficient about this utter abuse of the people’s trust or the public purse; it is simply wasteful and wrong, and Americans deserve better.”

Pelosi added that it’s “unconscionable” for House Republicans — including Chair of the Committee on House Administration Dan Lungren (R-Calif.) — to have authorized a contract to hire a private attorney to defend the DOMA in court and renewed her call for them “to drop their frivolous, taxpayer-funded lawsuits without any delay.”

“Rather than join Democrats to create jobs and strengthen the middle class, Republicans refuse to abandon their reprehensible fight to deny basic civil rights and justice to an entire group of their fellow Americans,” Pelosi said. “The American people should no longer have to foot the bill for Speaker Boehner’s campaign to appease the most conservative forces within the Republican Party.”

The report produced by Democrats on the House itemizes the expenses for defense of DOMA on a periodic basis. Total expenses for defending DOMA in court was $702,205.57 in FY-11 and $745,791.16 in FY-12.

The last billable period was from July 1 to Aug. 15, which totaled out to $169,237.35. More activity in defending DOMA has already occurred since that time, including Clement’s defense of DOMA late last month before the U.S. Second Circuit of Appeals against New York widow Edith Windsor’s challenge to the law.

The highest periodic expense for defending was between June 1 and July 31 when $358,736.58 was expended to defend the anti-gay law. At that time, there was a flurry of activity on DOMA because the Obama administration for the first time filed a legal brief against the law in the case of Golinksi v. Office of Personnel Management.

Now that the cost cap for funding the defense of DOMA has been reached, questions linger about whether House Republicans will raise the cap to continue  defend against DOMA litigation, which is currently pending for considering before the U.S. Supreme Court. A provision in contract enables an increase in the cost cap upon agreement of the parties involved.

Neither Boehner’s office nor the House Committee on Administration responded to the Washington Blade’s request to comment about the cost cap or whether Republicans would raise the limit to defend the anti-gay law.

Doug NeJaime, who’s gay and a law professor at Loyola Law School, said he’s unable to comment on the cost cap itself, but predicted that continued defense of the law before the Supreme Court would come at considerable expense.

“I’m not surprised at how much in legal fees has been expended up to this point,” NeJaime said. “There are multiple DOMA suits pending and there has been a flurry of activity at the Supreme Court, and BLAG is represented by an experienced and expensive legal team. If the Supreme Court takes up DOMA, these fees will increase considerably.”

Other Democrats followed Pelosi’s lead in criticizing House Republicans. New York Rep. Jerrold Nadler, the top Democrat on the House Judiciary Subcommittee on the Constitution, took Boehner to task in a statement for expending $1.5 million to pay for the defense of the anti-gay law.

“Speaker Boehner has wasted more than a year, and more than $1.5 million taxpayer dollars defending DOMA,” Nadler said. “So far, he has lost five cases in a row as every court has ruled that there is no legitimate justification for this law. Every day, DOMA harms thousands of American couples and their children. Instead of wasting taxpayer money defending this unjust law in court, Speaker Boehner should join us in our effort to repeal it.”

In a separate statement to the Blade, Rep. Mike Honda (D-Calif.) decried House Republicans’ defense of DOMA in response to an inquiry on whether he’d oppose further raising the cost cap for House Republicans to advocate on behalf of DOMA in court.

“It’s a waste of taxpayer money to spend more on overpriced lawyers to defend an outdated, unconstitutional law – one that is opposed by the majority of Americans,” Honda said. “We should be focused on creating jobs, bringing down the deficit, and getting the economy back on track. Loving, committed couples are making lifelong promises of fidelity to one another. It’s past time the federal government stop singling out the LGBT community and celebrate these families like any other.”

As a member of the House Legislative Branch Appropriations Subcommittee, the lawmaker last year raised questions about whether allocating funds for the defense of DOMA violated the Anti-Deficiency Act.

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U.S. Federal Courts

Judge temporarily blocks executive orders targeting LGBTQ, HIV groups

Lambda Legal filed the lawsuit in federal court

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President Donald Trump (Washington Blade photo by Michael Key)

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.

The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.

Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.

“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case. 

“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”

Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”

“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.

Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”

The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).

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Activists rally for Andry Hernández Romero in front of Supreme Court

Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

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Immigrant Defenders Law Center President Lindsay Toczylowski, on right, speaks in support of her client, Andry Hernández Romero, in front of the U.S. Supreme Court on June 6, 2025. (Washington Blade photo by Michael K. Lavers)

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.

Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.

“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”

(Video by Michael K. Lavers)

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.

Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.

“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”

“Andry is not alone,” she added.

Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”

“He is not a case number,” said Takano. “He is a person.”

Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.

A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.

“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.

Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.

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A husband’s story: Michael Carroll reflects on life with Edmund White

Iconic author died this week; ‘no sunnier human in the world’

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Michael Carroll spoke to the Blade after the death his husband Edmund White this week. (Photo by Michael Carroll)

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.

Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.

I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.

Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.

This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.

But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.

They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”

When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”

Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”

Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”

That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”

When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”

The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.” 

Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.

In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.

And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.

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