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House GOP cost cap for DOMA defense reaches $3 million

Agreement reached in secret on first day of 113th Congres

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John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

U.S. House Speaker, John Boehner has directed the House to defend DOMA in court (Washington Blade file photo by Michael Key)

House Republicans secretly agreed to raise the cost for defending the Defense of Marriage Act in court to $3 million in the first week that the 113th Congress was sworn into office, according to a copy of the contract obtained by the Washington Blade on Tuesday.

The contract, signed by new House Committee on Administration Chair Candace Miller (R-Mich.), allows for expenses to pay for outside counsel to defend DOMA in court to reach $3 million — a full $1 million more than the previous cost cap agreed to in September. In a statement this week, House Democrats said the agreement was reached in secret and they weren’t aware of it until late Monday.

“The General Counsel agrees to pay the Contractor for all services to be rendered pursuant to this Agreement a sum not to exceed $2,750,000.00,” the contract states. “It is further understood and agreed that, effective January 4, 2013, the aforementioned $2,750,000.00 cap may be raised from time to time up to, but not exceeding, $3,000,000, upon written notice of the General Counsel to the Contractor specifying that the General Counsel is legally liable under this Agreement for a specific amount.”

The contact was signed by House General Counsel Kerry Kircher and private attorney Paul Clement, the former Bush administration U.S. solicitor general hired to defend DOMA in court, on Jan. 3, or the first day of the 113th Congress. Miller signed the contract on Jan. 4.

On the same day the attorneys signed the contract, the House approved as part of its rules for the 113th Congress language giving authority for the House Republican-led Bipartisan Legal Advisory Group to defend DOMA in court. The cost cap was raised almost one month after the Supreme Court agreed to take up litigation challenging DOMA, known as Windsor v. United States.

The new agreement means that a cost cap initially set at $500,000 has been raised to $1.5 million, again to $2 million and now most recently to $3 million. Like the previous agreements, the contract states the cost cap may yet again be raised if the parties involved agree to a higher amount in another written contract.

But there’s new language in the contract putting a time limit on the services rendered by Clement; it’ll terminate when litigation is complete or at noon on Jan. 3, 2015 — whichever comes first. The contract also allows for an extension of time limit for parties involved. However, this time limit is almost certainly beyond the time the Supreme Court would reach a decision on DOMA before the end of its term in June.

House Republicans elected to take up defense of DOMA in court in March 2011 after the Obama administration announced it would no longer defend the statute. House Speaker John Boehner (R-Ohio) directed House general counsel to defend the anti-gay law after a party-line vote approving the decision to do so on the five-member House Republican-led Bipartisan Legal Advisory Group.

It’s not the first time that Democrats have accused Republicans of agreeing to raise the cost cap of DOMA in secret. The previous contract that raised the cost cap to $2 million was signed in September, but House Democrats said they didn’t obtain a copy until last month.

House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.), the two “no” votes on BLAG, responded to news that the cost cap to defend DOMA was yet again raised and raised in secret with consternation.

In a letter to Boehner dated Jan. 15, they jointly renew their call on House Republicans to discontinue defense of DOMA — but also made a new call for Republicans to demonstrate their defense of DOMA more transparently — calling the actions a “clandestine commitment of taxpayer funds” as well as “highly irregular and objectionable.”

“Until Republicans decide to abandon this effort once and for all, we ask you to make your legal plans clear; to make public every contract signed with outside counsel in this case in a timely manner; to declare the total cost of this case to the taxpayers; and to abide by the highest standards of transparency and accountability,” Pelosi and Hoyer wrote.

Pelosi and Hoyer emphasize the House defense of DOMA doesn’t “reflect the will of the House or the consensus of the BLAG.” House Democrats have been filing friend-of-the-court briefs against DOMA before the appellate courts considering the constitutionality of the anti-gay law.

A spokesperson for Boehner deferred questions to the House Committee on Administration, which didn’t immediately respond to a request to comment. It’s the first time over the course House Republican defense of DOMA that Boehner’s has deferred comment and provided a response or simply decline to answer.

Last month, Boehner told the Washington Blade during a news conference when asked he whether supports raising the cost cap to defend DOMA, “If the Justice Department is not going to enforce the law of the land, the Congress will.”

———————–

Below is the full text of the letter from Pelosi and Hoyer:

January 15, 2013
The Honorable John Boehner
Speaker
United States House of Representatives
Washington, D.C.  20515

Dear Speaker Boehner:

As the two Democratic Members of the Bipartisan Legal Advisory Group (BLAG), we wish to strongly reaffirm our objections to the repeated actions by the Republican leadership to secretly and dramatically increase the contract between the House and outside counsel in arguing to uphold the discriminatory Defense of Marriage Act (DOMA) in more than a dozen cases. This is not the first time that House Republicans have made a unilateral decision to raise the ceiling on expenditures for this wasteful litigation that supports a discriminatory statute, without any public discussion or advance notice to Democratic members of the BLAG, Members of the House, or the public. This clandestine commitment of taxpayer funds is highly irregular and objectionable, and it must end now.

Let us be clear: these steps do not reflect the will of the House or the consensus of the BLAG. Democrats do not support any decisions to invest taxpayer funds in defense of an indefensible law. We remain united in our opposition to any effort to preserve, protect, and defend discrimination in our country.

From the start, the Republican-led campaign to defend DOMA has been a practice in futility and a waste of Americans’ hard-earned tax dollars. The Republican-appointed, taxpayer-funded legal team has lost in every case. Courts across the nation have stood on the side of justice and equality for all Americans. DOMA is on its way into the dustbin of history.

It would be bad enough if Republicans were losing in court and accepting the result. Yet it is the height of hypocrisy for House Republicans to waste public funds in one breath then claim the mantle of fiscal responsibility in the next. With Republicans willing to take our economy and our country to the brink of default in the name of deficit reduction, there is simply no excuse for any Member of Congress to commit taxpayer dollars to an unnecessary – and futile – legal battle.

Until Republicans decide to abandon this effort once and for all, we ask you to make your legal plans clear; to make public every contract signed with outside counsel in this case in a timely manner; to declare the total cost of this case to the taxpayers; and to abide by the highest standards of transparency and accountability.

The Defense of Marriage Act now sits before the Supreme Court. We believe it is only a matter of time before this offensive law is a discarded relic of a bygone era. We look forward to the day when this measure is declared unconstitutional by the highest court in the land and when all of America’s families can know the blessings of equal protection under the law.

Thank you for your attention to this matter.

best regards,

NANCY PELOSI
Democratic Leader

STENY H. HOYER
Democratic Whip

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New York

N.Y. lawmaker vows ‘Pride flag will fly again’ at Stonewall Monument

After a Jan. 21 policy shift, Pride flags were banned at national parks, prompting backlash from Bottcher and LGBTQ advocates.

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The now gone Pride flag formerly flying at Stonewall National Monument in 2016. (Photo courtesy of the National Parks Service)

Hours after news broke that the National Park Service would no longer allow Pride flags to fly at the Stonewall National Monument — the birthplace of the modern LGBTQ rights movement in the United States — the Washington Blade spoke with New York State Sen. Erik Bottcher, who represents the area surrounding the Stonewall Inn and the national monument.

During the interview, Bottcher, who is gay, spoke about the policy change and outlined steps he plans to take in the coming days to push for its reversal.

“This is another act of erasure,” Bottcher told the Blade. “It’s a cowardly attempt to rewrite history and to intimidate our community. This is Stonewall — it’s where we fought back, where we ignited a global movement for equality — and we refuse to go back. We’re not going to accept these acts of erasure.”

The Stonewall Inn became a flashpoint in 1969 after NYPD officers raided the bar, part of a longstanding pattern of police harassment of LGBTQ spaces. The raid sparked days of protest and resistance along Christopher Street, now widely recognized as the catalyst for the modern LGBTQ rights movement.

While the events are often referred to as the “Stonewall Riots,” many activists and historians prefer the term “Stonewall Uprising,” emphasizing that the resistance was a response to systemic oppression rather than senseless violence. LGBTQ patrons and community members fought back — shouting “Gay Power!” and “Liberate Christopher Street!” — as crowds grew and frustration with police abuse boiled over.

Since the uprising, LGBTQ people and allies have gathered annually in June to commemorate Stonewall and to celebrate Pride, honoring the movement that placed LGBTQ voices at the center of the fight for equality.

In June 2016, then President Barack Obama officially designated the space as the Stonewall National Monument, making it the United States’s first national monument designated for an LGBTQ historic site.

Now, nearly 10 years later, President Trump’s appointed NPS acting director Jessica Bowron changed policy on Jan. 21 regarding which flags are allowed to be flown in national parks. Many, including Bottcher, say this is part of a larger targeted and deliberate attempt by the administration to erase LGBTQ history.

“It’s clear they’re making a conscious decision to erase the symbols of our community from a monument to our community’s struggle,” he said. “This is a calculated and premeditated decision, and it could be — and should be — reversed.”

“Let’s be clear,” Bottcher added, “they wish we didn’t exist … But we’re not going anywhere. We refuse to go back into the shadows.”

When asked why it is critical to challenge the policy, Bottcher emphasized the importance of visibility in preserving LGBTQ history.

“This is why it’s so important that we not let this stand,” he said. “Visibility is critical. When people see us, learn about us, and get to know us, that’s how we break down prejudice and stereotypes. We cannot allow them to push us back into the shadows.”

Other LGBTQ leaders and elected officials were quick to condemn the removal of the Pride flag, which had flown since the site’s official designation as a national monument.

New York City Mayor Zohran Mamdani called the decision “outrageous.”

“I am outraged by the removal of the Rainbow Pride Flag from Stonewall National Monument,” Mamdani said in a statement. “New York is the birthplace of the modern LGBTQ+ rights movement, and no act of erasure will ever change or silence that history.”

“Our city has a duty not just to honor this legacy, but to live up to it,” he added. “I will always fight for a New York City that invests in our LGBTQ+ community, defends their dignity, and protects every one of our neighbors — without exception.”

Senate Minority Leader Chuck Schumer also condemned the move.

“The removal of the Pride Rainbow Flag from the Stonewall National Monument is a deeply outrageous action that must be reversed immediately,” Schumer said in a statement to The Advocate. “Stonewall is a landmark because it is the birthplace of the modern LGBTQ rights movement, and symbols of that legacy belong there by both history and principle.”

Cathy Renna, communications director for the National LGBTQ Task Force, said the flag’s removal will not erase the movement it represents.

“They can take down a flag, but they can’t take down our history,” Renna said. “Stonewall is sacred ground rooted in resistance, liberation, and the legacy of trans and queer trailblazers who changed the course of history.”

Human Rights Campaign National Press Secretary Brandon Wolf echoed that sentiment.

“Bad news for the Trump administration: these colors don’t run,” Wolf said. “The Stonewall Inn and Visitors Center are privately owned, their flags are still flying high, and that community is just as queer today as it was yesterday.”

Tyler Hack, executive director of the Christopher Street Project, said the removal was aimed squarely at LGBTQ visibility.

“The Pride flag was removed from Stonewall for one reason: to further erase queer and trans people from public life,” Hack said. “Stonewall marks the moment when queer and trans people fought back and demanded dignity. Our history is not theirs to erase.”

Bottcher closed with a promise to his constituents — and to the broader LGBTQ community — that the Pride flag’s removal would not be permanent.

“We will not be erased. We will not be silenced,” he said. “And the Pride flag will fly again at the birthplace of our movement.”

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Disney’s Gay Days ‘has not been canceled’ despite political challenges

GayDays is moving forward with its planned LGBTQ meet-up

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(Photo by Ben Gingell/Bigstock)

Gay Days in Orlando is preparing for its 2026 gathering though organizers have yet to release full details.

Concerns emerged about the status of the annual meetup of LGBTQ people at Walt Disney World in Orlando, Fla., after social media posts and multiple news outlets reported the event would not take place this year.

In response to inquiries from the Blade, Josh Duke, co-owner of Gay Days, clarified that an update would come this week.

“At this time, I’d like to clarify that Gay Days Orlando has not been canceled,” an email to the Blade said. “We are currently finalizing details regarding our plans for 2026 and will be making an official announcement later this week.”

Earlier this week, Gay Days posted about a pause in their plans for the annual meeting, which quickly gained traction online.

In an official statement on social media, Gay Days organizers cited several factors behind what had initially appeared to be a cancellation of their 2026 event.

“Changes to our host hotel agreement, the loss of key sponsorship support, and broader challenges currently impacting LGBTQIA+ events nationwide made it impossible to deliver the experience our community deserves,” organizers wrote. However, the statement added, “This is a pause — not an ending.”

In a longer message shared with supporters, organizers elaborated on that now-reversed decision.

“Gay Days Family — it is with very heavy hearts that we share Gay Days 2026 will not take place this year. This was an incredibly difficult decision and one that was only made after every possible option was explored.

“Gay Days has always been more than an event — it is community, family, and a place where so many memories are made. While this pause is painful, it also gives us the opportunity to step back, listen, and begin shaping a stronger and reimagined GayDays for the future. Thank you for your continued love, patience, and support. This is not goodbye — it’s a reset, and we look forward to creating the future of GayDays together.”

GayDays, which began in 1991, encourages queer Disney fans to visit the Orlando theme park while wearing red shirts to identify one another. Originally focused on gay men reclaiming the childhood joy often denied due to homophobia, the event has expanded over the years to include LGBTQ+ families on summer vacations and queer couples honeymooning in the Magic Kingdom.

Disney made history in 2019 by holding its first-ever official Pride event at its European park, Disneyland Paris. In 2023, Disneyland California hosted the first U.S. official Pride event.

Concerns about the potential cancellation had arisen amid broader challenges affecting LGBTQ events nationwide. These include changes in hotel agreements, sponsorship support, and Florida’s increasingly restrictive anti-LGBTQ policies under Gov. Ron DeSantis. Florida currently has an equality score of -3.00 out of 49 from the Movement Advancement Project, which evaluates states based on policies affecting relationship and parental recognition, nondiscrimination, religious exemptions, LGBTQ youth, healthcare, criminal justice, and transgender identity documentation.

Recent legislation in Florida has included prohibitions on hormone replacement therapy for transgender minors, restrictions on adult access to treatment, bans on drag performances for those under 18, bathroom bans for transgender people in state buildings, and expansion of the Parental Rights in Education Act, commonly called the “Don’t Say Gay” law. These measures limit public school instruction or discussion about sexual orientation and gender identity.

Gay Days Anaheim is scheduled to take place at Disneyland Resort in September.

Disney has also maintained a focus on Pride, reporting in 2022 that proceeds from Pride merchandise benefited numerous LGBTQ organizations, including GLSEN, PFLAG, The Trevor Project, Zebra Coalition, the Los Angeles LGBT Center, the LGBT Center Orange County, the San Francisco LGBT Center, and the Ali Forney Center. Pride merchandise sold internationally supports local LGBTQ organizations in those regions.

More details about this event are expected to be released on Friday.

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Pride flag removed from Stonewall Monument as Trump targets LGBTQ landmarks

The new NPS policy targets Pride flags amid consistent efforts from the Trump administration to minimize LGBTQ history.

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(Photo courtesy of the National Park Service)

A rainbow Pride flag flying at the Stonewall National Monument in New York was removed at the direction of Trump administration officials at the National Park Service, according to a source familiar with the matter who spoke to the Blade on condition of anonymity.

The source said the move had been in the works for weeks and is part of ongoing efforts by the Trump-Vance administration to erase LGBTQ identity from federally controlled landmarks.

In response to the Blade’s request for information about the new flag policy, the National Park Service provided the following statement:

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points. The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose. These include historical context or reenactments, current military branch flags, flags of federally recognized tribal nations affiliated with a park, flags at sites co-managed with other federal, state, or municipal partners, flags required for international park designations, and flags displayed under agreements with U.S. Citizenship and Immigration Services for Naturalization ceremonies.”

The statement also included official guidance on the display of non-agency flags issued by Trump-appointed National Park Service Director Jessica Bowron.

The Blade reached out to other organizations to confirm the status of the Pride flag last week, including the Stonewall National Monument Visitor Center, the NYC Landmarks Preservation Commission, and the National Parks Conservation Association. None were able to provide details about whether the flag was still flying at that time but it has since been removed.

This action aligns with other moves targeting and erasing LGBTQ history. In September, the Blade reported that three organizations originally slated to receive more than $1.25 million from the National Park Service’s Underrepresented Communities Grant Program would no longer receive funding: In Washington, D.C., the Preservation League had been awarded $75,000 to document LGBTQ+ historic resources. In Providence, R.I., the Preservation Society was slated for $74,692 to conduct an LGBTQ+ survey and prepare a National Register nomination. And in New York, the Fund for the City of New York, Inc., had been awarded $32,000 to nominate the residence of Bayard Rustin — the iconic civil rights and LGBTQ activist — as a National Historic Landmark. 

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