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
Kennedy Center leadership changes as Trump ally Grenell departs
Numerous productions cancelled shows during gay Trump loyalist’s tenure
Longtime Trump ally and openly gay “Special Presidential Envoy for Special Missions of the United States” Richard Grenell is stepping down from his leadership role at the John F. Kennedy Center for the Performing Arts.
The story was first reported by Axios on March 13 before President Donald Trump made any official statements about the leadership change at the Kennedy Center, which has undergone a sweeping overhaul of rule changes and pro-Trump appointees to its board since Trump took office in 2025.
In addition to packing the Kennedy Center boardroom with loyalists and appointing himself chair of the board in February 2025, the Trump-Vance administration has placed the president’s name on the facade in an attempt to rename the center — despite the move being illegal without an act of Congress to officially change its name. The administration has also painted the building’s columns white and removed diverse programming.
Since these changes, multiple shows have pulled out of performing at the historic venue — including productions associated with the Washington National Opera.
Matt Floca, the former vice president of facilities operations at the national cultural center under Grenell, has been named the new head of the Kennedy Center, according to Trump.
The change is expected to be announced at a Kennedy Center board of directors meeting at the White House on Monday, which Trump is expected to attend.
“I am pleased to announce that Matt Floca, subject to the approval of the Board of Directors, will be named the Chief Operating Officer and Executive Director of THE TRUMP KENNEDY CENTER where, as Vice President of Operations, Matt has helped us achieve tremendous progress in bringing the Center to the highest level of Excellence!” Trump wrote in a post on Truth Social. “A Complete Reconstruction of THE TRUMP KENNEDY CENTER will begin after the July 4th Celebration, with a scheduled Grand Re-Opening in approximately two years.”
“Ric Grenell has done an excellent job in helping to coordinate various elements of the Center during the transition period, and I want to thank him for the outstanding work he has done,” the post added. “THE TRUMP KENNEDY CENTER will be, at its completion, the finest facility of its kind anywhere in the World! — President DONALD J. TRUMP.”
Grenell previously served as U.S. ambassador to Germany and later as acting director of national intelligence during Trump’s first term. He led the Kennedy Center during a period in which its programming was reshaped and new board members aligned with Trump were appointed. Trump also named himself chair of the board.
Congress approved $257 million in reconstruction funding for the Kennedy Center in last year’s spending package, a project estimated to take roughly two years to complete. Kennedy Center officials have also said they implemented increased cost-cutting measures — including large-scale layoffs — and that staff salaries are no longer being paid using debt reserves.
Actor Harvey Fierstein, a longtime critic of Trump’s takeover of the cultural institution and an award-winning openly gay performer, posted on Instagram celebrating Grenell’s departure.
“Good old anti-LGBTQ+ self-loathing dick licker, #RichardGrenell, is moving on to ruin something new under the auspices of our demented war-mongering MAGA fool Prez,” Fierstein wrote. “Maybe #RicGrennell can open a little boutique selling red baseball hats. But first, after destroying the Kennedy Center for the Arts, he’s earned a vacation. Maybe he and Kristi Noem can go puppy hunting together. They can tell each other tales of when they were once called ‘the best people’ and other fairy tales.”
Federal Government
Gay Venezuelan man ‘forcibly disappeared’ to El Salvador files claim against White House
Andry Hernández Romero had asked for asylum in US
A gay Venezuelan asylum seeker who the U.S. “forcibly disappeared” to El Salvador has filed a claim against the federal government.
Immigrant Defenders Law Center, who represents Andry Hernández Romero, on Friday announced their client and five other Venezuelans who the Trump-Vance administration “forcibly removed” to El Salvador under the Alien Enemies Act of 1798, filed “administrative claims” under the Federal Tort Claims Act.
The White House on Feb. 20, 2025, designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”
President Donald Trump less than a month later invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The White House then “forcibly removed” Hernández, who had been pursuing his asylum case in the U.S., and more than 250 other Venezuelans to El Salvador.
Immigrant Defenders Law Center disputed claims that Hernández is a Tren de Aragua member.
Hernández was held at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT, until his release on July 18, 2025. Hernández, who is back in Venezuela, claims he suffered physical and sexual abuse while at CECOT.
“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” said Hernández in the Immigrant Defenders Law Center press release. “The practice of judging whole communities for the wrongdoing of a single individual must end. Governments should use their power to help every person in the nation become more aware and informed, to strengthen our cultures and build a stronger generation with principles and values — one that multiplies the positive instead of destroying unfulfilled dreams and opportunities.”
Immigrant Defenders Law Center filed claims on behalf of Hernández and the five other Venezuelans less than three months after American forces seized then-Venezuelan President Nicolás Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.
Maduro and Flores have pleaded not guilty to federal drug charges. Delcy Rodríguez, who was Maduro’s vice president, is Venezuela’s acting president.
‘Due process and accountability cannot be optional’
Immigrant Defenders Law Center on Friday also made the following demands:
- The Trump administration must officially release the names of all people the United States sent to CECOT to ensure that everyone has been or will be released.
- The federal government must clear the names of the 252 men wrongfully labeled as criminal gang members of Tren de Aragua.
- DHS (Department of Homeland Security) must end the practice of outsourcing torture through third‑country removals, restore humanitarian parole, and rebuild a functioning, humane asylum system.
- DHS must reinstate Temporary Protected Status for all individuals who cannot safely return to their home countries, halt mass deportations and unlawful raids and arrests, and guarantee due process for everyone navigating the immigration system.
- Congress must pass the Neighbors Not Enemies Act, which would repeal the Alien Enemies Act.
“In all my years as an immigration attorney, I have never seen a client simply vanish in the middle of their case with no explanation,” said Immigration Defenders Legal Fund Legal Services Director Melissa Shepard. “In court, the government couldn’t even explain where he was — he had been disappeared.”
“When the government detains and transfers people in secrecy, without transparency or access to the courts, it tears at the basic protections a democracy is supposed to guarantee,” added Shepard. “What this experience makes painfully clear is that due process and accountability cannot be optional. They are the only safeguards standing between people and the kind of lawlessness our clients suffered. We must end third country transfers, restore the asylum system, and humanitarian parole, and reinstate temporary protective status so this nightmare never happens again.”
The White House
Trump proclamation targets trans rights as State Dept. shifts visa policy
Recent policy actions from the White House limit transgender rights in sports, immigration visas, and overarching federal policy.
In a proclamation issued by the Trump White House Thursday night, the president said he would, among other things, “restore public safety” and continue “upholding the rule of law,” while promoting policies that restrict the rights of transgender people.
“We are keeping men out of women’s sports, enforcing Title IX as it was originally written, and ensuring colleges preserve — and, where possible, expand — scholarships and roster opportunities for female athletes,” the proclamation reads. “At the same time, we are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”
The statement comes amid a broader series of actions by the Trump administration targeting transgender people across multiple federal policy areas, including education, health care, and immigration. A nearly complete list of policies the current administration has put forward can be found on KFF.org.
One day before the proclamation was issued, the U.S. State Department announced changes to visa regulations that could impact transgender and gender-nonconforming people seeking entry into the United States.
The policy, published March 11 and scheduled to take effect April 10, introduces changes to the Diversity Immigrant Visa Program, commonly known as the “DV Program.” The rule is framed by the department as an effort to strengthen oversight and prevent fraud within the visa lottery system, which allocates a limited number of immigrant visas annually to applicants from countries with historically low rates of immigration to the United States.
However, the updated language also standardizes the use of the term “sex” in federal regulations in place of “gender,” a change that LGBTQ advocates say could create additional barriers for transgender and gender-diverse applicants.
The policy states: “The Department of State (‘Department’) is amending regulations governing the Diversity Immigrant Visa Program (‘DV Program’) to improve the integrity of, and combat fraud in, the program. These amendments require a petitioner to the DV Program to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or otherwise indicate that he or she is exempt from this requirement. Additionally, the Department is standardizing and amending its regulations to add the word ‘shall’ to simplify guidance for consular officers; ensure the use of the term ‘sex’ in lieu of ‘gender’; and replace the term ‘age’ in the DV Program regulations with the phrase ‘date of birth’ to accurately reflect the information collected and maintained by the Department during the immigrant visa process.”
Advocates say the shift toward using “sex” rather than “gender” in federal immigration rules reflects a broader push by the administration to roll back recognition of transgender identities in federal policy.
According to the National Center for Transgender Equality, an estimated 15,000 to 50,000 undocumented transgender immigrants currently live in the United States, with many entering the country to seek refuge from persecution and hostile governments in their home countries.
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