National
Boehner denies DOMA contract violates law
Dodges question on whether cost to defend DOMA will exceed $500K
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.
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

