National
House GOP cost cap for DOMA defense reaches $3 million
Agreement reached in secret on first day of 113th Congres

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.”
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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
The White House
Report: Grenell wants Russian ambassadorship
Country’s anti-LGBTQ record a reported barrier
Richard Grenell, President Donald Trump’s special envoy for “special missions,” is making it known that he is interested in the Russian ambassadorship.
According to reporting by the Daily Mail, Grenell has “floated” his interest in the role to coworkers, but issues surrounding the former German ambassador’s sexuality have made securing the position more difficult.
“He had an interest in the job — or at least he floated the idea to select colleagues. But Putin’s regime is extremely anti–LGBTQ, so I’m sure they didn’t take that thought too seriously,” one source close to Grenell told the Daily Mail. “That would never happen anyway.”
Grenell has long been one of Trump’s closest allies and was the first openly gay person to hold a Cabinet-level position. He was ousted last month as acting director of the Kennedy Center, a position he had held since Trump reestablished the board to be composed of his political supporters in 2025.
In addition to leading the nation’s cultural arts center, Grenell previously served as the U.S. ambassador to Germany from 2018 to 2020, and as the special presidential envoy for Serbia and Kosovo peace negotiations from 2019 to 2021. He was also a State Department spokesperson to the U.N. under the George W. Bush administration and a Fox News contributor.
Russia has a longstanding history of being anti-LGBTQ.
In 2013, the country passed a law banning any public endorsement of “nontraditional sexual relations” among minors. In December 2022, Putin signed legislation expanding the ban, making it illegal to promote same-sex relationships or suggest that non-heterosexual orientations are “normal” for people of any age, widening censorship across media and public life.
The Russian courts have also supported the restriction of LGBTQ identity in the country. In November 2023, Russia’s Supreme Court granted a request from the Justice Ministry to outlaw the “international LGBT movement” as “extremist,” allowing authorities to criminalize advocacy and potentially prosecute individuals for expressions of LGBTQ+ identity or support.
In addition to LGBTQ rights issues, the war between Russia and Ukraine has become a global concern. Ukraine, which was part of the former Soviet Union, includes the territory known as Crimea, which Russia annexed in 2014. The annexation remains a major point of international dispute over sovereignty. Since 2022, Russia’s large-scale invasion of Ukraine has escalated the conflict, drawing global attention and sanctions while straining U.S.-Russia relations.
The U.S. has spent $188 billion in total related to the war in Ukraine since the Russian invasion in February 2022, according to the Council on Foreign Relations.
The Russian ambassadorship seems to be a difficult role to fill, according to additional information presented by the Daily Mail. With Trump already being seen as relatively positive by Russian President Vladimir Putin, and with close ties to members of his Cabinet and family — like son-in-law Jared Kushner — the ambassadorship is complicated and viewed as less critical than in previous administrations.
“There is no rush to fill that role because it has now been deemed unnecessary,” another source told the U.K.-based publication.
Bob Foresman, a seasoned businessman with decades-long ties to the Kremlin, was reportedly once the frontrunner, according to the Daily Mail. Foresman served as vice chair of UBS Investment Bank and Deputy Chairman of Renaissance Capital between 2006 and 2009, and earlier led investment banking for Russia at Dresdner Kleinwort Wasserstein from 1997 to 2000.
“This is a pattern, especially in the Trump administration — special envoys big–footing the ambassadors,” a source told the Daily Mail. “It is shocking that we are already in April and we don’t have an ambassador to one of the most important countries in the world.”
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
Iran
LGBTQ groups condemn Trump’s threat to destroy Iranian civilization
Ceasefire announced less than two hours before Tuesday deadline
The Council for Global Equality is among the groups that condemned President Donald Trump on Tuesday over his latest threats against Iran.
Trump in a Truth Social post said “a whole civilization will die tonight” if Tehran did not reach an agreement with the U.S. by 8 p.m. ET on Tuesday.
Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.
Israel and the U.S. on Feb. 28 launched airstrikes against Iran.
One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.
Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the Strait of Hormuz, a strategic waterway that connects the Persian Gulf and the Gulf of Oman through which roughly 20 percent of the world’s crude oil passes.
Trump less than 90 minutes before his deadline announced a two-week ceasefire with Iran that Pakistan helped broker.
“We the undersigned human rights, humanitarian, civil liberties, faith-based and environmental organizations, think tanks and experts are deeply alarmed by President Trump’s threat regarding Iran that ‘a whole civilization will die tonight’ if his demands are not met. Such language describes a grave atrocity if carried out,” reads the statement that the Council for Global Equality more than 200 other organizations and human rights experts signed. “A threat to wipe out ‘a whole civilization’ may amount to a threat of genocide. Genocide is a crime defined by the Genocide Convention and by the Rome Statute of the International Criminal Court as committing one or more of several acts ‘with intent to destroy in whole or in part a national, racial or religious groups as such.'”
The statement states “the law is clear that civilians must not be targeted, and they must also be protected from indiscriminate or disproportionate attacks.”
“Strikes on civilian infrastructure — such as the recent attack on a bridge and the attacks President Trump is repeatedly threatening to carry out to destroy power plants — have devastating consequences for the civilian population and environment,” it reads.
“We urge all parties to respect international law,” adds the statement. “Those responsible for atrocities, including crimes against humanity and war crimes, can and must be held accountable.”
The Alliance for Diplomacy and Justice, Amnesty International USA, Human Rights Watch, the American Civil Liberties Union, the NAACP, MADRE, and the Robert and Ethel Kennedy Human Rights Center are among the other groups that signed the letter.
