Posts Tagged As: John Boehner

House To Spend $500K To Defend DOMA

Jim Burroway

April 20th, 2011

Paul Clement

House Speaker John Boehner (R-OH) has announced that he has contracted with a law firm to defend the so-called Defense of Marriage Act in court, in response to the Obama Administration’s announcement that they consider DOMA’s defense as requiring heightened scrutiny. Former Bush Administration U.S. solicitor general Paul Clement was tapped to defend DOMA on behalf of the GOP-controlled House to the tune of $500,000, funds which Boehner says he will strip from the Justice Department’s budget.  Clement is a partner at the D.C.-based office for the firm King & Spalding where he manages the national appellate practice. Clement has argued more than 50 cases before the U.S. Supreme Court.

Metro Weekly has looked into the contract Boehner signed with King & Spalding, which specifies the firm’s defense in Windsor v. United States.  That case was brought by Edith Windsor, the widow of Thea Spyer, who had to pay a $350,000 estate tax that she would not have had to pay had their Canadian marriage been recognized by the federal government. The contract sets a cap of $500,000 to defend DOMA in Windsor v. United States, but the contract has a provision which suggests that the cap can be raised. The contract does not authorize the hiring of outside experts without approval from the House. Metro Weekly noticed a non-discrimination clause in the contract:

It also is notable that the nondiscrimination clause in the contract states that King & Spalding “will not discriminate in its performance of this Agreement because of race, color, religion, sex, national origin, age, disability or any other prohibited basis.” Neither sexual orientation nor gender identity are included. This despite the fact that the firm clearly does include such categories in its own nondiscrimination policy.

DOMA is currently being challenged in at least twelve separate court cases around the country.

Boehner Announces Defense of DOMA

Jim Burroway

March 9th, 2011

TPM reports that House Speaker John Boehner (R-OH) has issued a statement announcing that the House will intervene as a third party defendant in court cases challenging the constitutionality of the Defense of Marriage Act. TPM quotes from the statement:

“Today, after consultation with the Bipartisan Leadership Advisory Group, the House General Counsel has been directed to initiate a legal defense of this law,” Boehner said in the statement. “This action by the House will ensure that this law’s constitutionality is decided by the courts, rather than by the President unilaterally.”

Of course, the president didn’t determine the law’s unconstitutionally unilaterally. The administration instead determined that they could not defend the law’s constitutionality based on the facts and heightened scrutiny. The administration also threw some bait in Boehner’s direction, pointing out that the House was perfectly within its rights to argue in court that that the law did not result in discrimination against LBGT couples. Boehner dropped the “only interested in the budget” charade to take the challenge. This should be fun.

The Hill reports that the action was taken based on a party line vote following a thirty-minute meeting, with Boehner joining House Majority Leader Eric Cantor (R-VA) and House Majority Whip Kevin McCarthy (R-CA) supporting the move. House Minority Leader Nancy Pelosi (D-CA.) and House Minority Whip Steny Hoyer (D-MD) voted no.

Boehner responds to Obama’s refusal to defend DOMA

Timothy Kincaid

March 4th, 2011

House Speaker John Boehner has announced the direction that he will go in response to Attorney General Holder’s declaration that he and President Obama would no longer defend the constitutionality of the Defense of Marriage Act. And it appears, to me, to be a measured and non-hysterical response. (WaPo)

Boehner said he will convene a meeting of the Bipartisan Legal Advisory Group, a first step toward taking action in the House to defend the law.

“It is regrettable that the Obama administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy,” Boehner said in a statement. “The constitutionality of this law should be determined by the courts – not by the president unilaterally – and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution.”

On the Bipartisan Legal Advisory Group are the top three House Republicans – Boehner, Majority Leader Eric Cantor (Va.) and Majority Whip Kevin McCarthy (Calif.) – and the top two House Democrats – Minority Leader Nancy Pelosi (Calif.) and Minority Whip Steny H. Hoyer (Md.).

The group has the authority to instruct the House general counsel to take legal action on behalf of the House. It typically gets involved in situations where leaders believe there are institutional or separation-of-powers concerns.

This is, in other words, the appropriate group to consider whether there is any issue of the President acting in a manner that violates the rights of the Congress.

Boehner is walking softly on this issue, and this “all by the book” response is far more measured that I would have predicted. I wasn’t expecting him to appoint the Pacific Justice Institute to represent the House, but I also wasn’t expecting him to treat the matter as though the President’s position should be given any thought before responding or to invite the Democratic leadership to participate in the response.

And the language he has selected – language that does not insist that DOMA is constitutional and makes no appeal to “protecting the family” or “the will of the people” or even a reference to a “homosexual agenda” – speaks of disapproval of process or timing rather than homophobic posturing.

It is far too little and far too soon to read too much into this (and I am aware of my inclination to look for the silver lining), but somehow it feels as though there has been a shift. It feels to me as though the Republican leadership may be moving away from knee-jerk dismissal of the claims of gay citizens. It’s hard to put my finger on it exactly, but it feels different, as though they aren’t agreeing or supporting, but finally they’ve started listening.

Boehner to Announce DOMA Defense by Week’s End

Jim Burroway

February 28th, 2011

So much for focusing on the budget:

Asked if the House would appoint a special counsel to defend the law itself in the White House’s stead, Boehner said, “It’s an option being considered” and added that he would likely have a decision on how to proceed “by the end of the week.”

“I’d be very surprised if the House didn’t decide that they were going to defend the law,” Boehner said. Surprisingly, he suggested that the move was likely beneficial to Democrats in the next election.

House Speaker John Boehner also spoke to David Brody of Pat Robertson’s Christian Broadcasting Network over the weekend:

David Brody; “Rick Santorum says that the Speaker of the House should appoint a counsel representing the House of Representatives to take up the case and argue DOMA in federal court. Is that a good idea?”

Speaker John Boehner: “It’s an option being considered.”

David Brody: “And on these options the bottom line is that something is going to happen from the House and something will get done?”

Speaker John Boehner: “I’d be very surprised if the House didn’t decide that they were going to defend law.”

David Brody: “How frustrated are you with this President? Do you believe it’s an overreach to the point where it gets back to the Czar issue to a degree?”

Speaker John Boehner: “It strikes me as something that’s just as raw politics as anything I’ve seen knowing that a lot of people who believe in DOMA are probably not likely to vote for him and pandering to the other side on this issue.”

Anti-Gay Activists React to DOMA Announcement

Jim Burroway

February 23rd, 2011

Brian Brown from National Organization for Marriage lost his already limited capacity for original thought and channels John Paul Jones:

We have not yet begun to fight for marriage,” said Brian Brown, president of NOM.”The Democrats are responding to their election loss with a series of extraordinary, extra-constitutional end runs around democracy, whether it’s fleeing the state in Wisconsin and Indiana to prevent a vote, or unilaterally declaring homosexuals a protected class under our Constitution, as President Obama just did,” said Brown. “We call on the House to intervene to protect DOMA, and to tell the Obama administration they have to respect the limits on their power. This fight is not over, it has only begun!”

Maggie Gallagher chimes in:

On the one hand this is a truly shocking extra-constitutional power grab in declaring gay people are a protected class, and it’s also a defection of duty on the part of the President Obama,” said Maggie Gallagher, Chairman of NOM, “On the other hand, the Obama administration was throwing this case in court anyway. The good news is this now clears the way for the House to intervene and to get lawyers in the court room who actually want to defend the law, and not please their powerful political special interests.”

Liberty Counsel’s Mat Staver, who charged that allowing same-sex marriages would lead to an epidemic of violent crime, called Obama the most divisive President in US History:

Regardless of President Obama’s own ideological agenda, as President, he and his Attorney General have a duty to defend lawfully passed legislation, especially when the essence of the law has been upheld by many courts. Thirty states have passed marriage amendments affirming marriage as one man and one woman. Today President Obama has abandoned his role as President of the United States and transformed his office into the President of the Divided States. He has been the most divisive president in American history. He has today declared war on the American people and the fundamental values that are shared by most Americans. His radicalism resulted in the historical push-back in the 2010 elections. His radicalism today will come back around when the people respond to this betrayal in 2012,” said Staver.

Focus On the Family’s Tom Minnery wants Congressional Republicans to drop whatever they’re doing and pick up the flag:

“We would hope Congress uses the tools at its disposal to counter this decision and defend marriage,” Minnery said.

What should Congress do? Family Research Council’s Tony Perkins wants Congress to take Holder’s bait by dropping their “only interested in the deficit” mantra and reveal what many suspect to be their true colors:

“With this decision the President has thrown down the gauntlet, challenging Congress. It is incumbent upon the Republican leadership to respond by intervening to defend DOMA, or they will become complicit in the President’s neglect of duty,” concluded Perkins.

American Family Association’s Bryan Fischer, who recently said that he would “fight to the last ditch” for marriage discrimination, has Perkins’s back:

“I think it’s a clear sign that we simply cannot avoid engaging on the social issues,” Bryan Fischer, director of issue analysis for the group, told TPM. “Mitch Daniels has called for a truce on social issues and that would be fine if the homosexual lobby was willing to lay down arms, but they’re obviously not and this proves it. A truce is nothing more than a surrender.”

So far, House Speaker John Boehner is staying on message and has declined to take the bait:

A spokesman for House Speaker John Boehner, R-Ohio, criticized the administration change of position. “While Americans want Washington to focus on creating jobs and cutting spending, the president will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation,” said spokesman Brendan Buck.

Update: Potential GOP Presidential candidate and former Arkansas Governor Mike Huckabee found a clever way to blame gay marriage for increasing the deficit:

Nonetheless, Huckabee opposes gay marriage on the grounds that, according to him, it destroys traditional families.  “There is a quantified impact of broken families,” Huckabee said. “[There is a] $300 billion dad deficit in America every year…that’s the amount of money that we spend as taxpayers to pick up the pieces because dads are derelict in their duties.”

John Boehner’s Immutable Characteristic

Jim Burroway

October 14th, 2009

090225_Pol_BoehnerTNHouse Minority Leader John Boehner (R-OH) doesn’t think sexual orientation should be included in the hate Crimes law because, he says, homosexuality is not an immutable characteristic. CBS News decided to follow up on that: contacted Boehner’s office to find out if the minority leader opposes all hate crimes legislation. The law as it now stands offers protections based on race, color, religion and national origin.

In an email, Boehner spokesman Kevin Smith said Boehner “supports existing federal protections (based on race, religion, gender, etc) based on immutable characteristics.”

Really? Religious identity is an immutable characteristic? Is Boehner saying that free will isn’t involved? What have all those missionaries been wasting their time for?

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