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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 ā€” 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,Ā 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 ā€” 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,Ā 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 ā€” but also made a new call for Republicans to demonstrate their defense of DOMA more transparently ā€” 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.Ā  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.Ā 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.Ā 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.Ā Democrats do not support any decisions to invest taxpayer funds in defense of an indefensible law.Ā 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 Americansā€™ hard-earned tax dollars.Ā The Republican-appointed, taxpayer-funded legal team has lost in every case.Ā Courts across the nation have stood on the side of justice and equality for all Americans.Ā 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.Ā 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.Ā 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 ā€“ and futile ā€“ 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.Ā We believe it is only a matter of time before this offensive law is a discarded relic of a bygone era.Ā We look forward to the day when this measure is declared unconstitutional by the highest court in the land and when all of Americaā€™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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National

National resources for trans and gender diverse communities

Amid attacks, help is available from wide range of organizations

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Activists have been protesting against the Trump administrationā€™s anti-trans policies. If you need help, there are resources out there to assist. (Washington Blade file photo by Michael Key)

The Trump administration has launched a series of executive orders and other initiatives restricting the rights of the transgender community since taking power in January, targeting military service, affirming healthcare, and participation in sports. 

Though many executive orders are being challenged in court, itā€™s an uncertain time for a community that feels threatened. Despite the uncertainty, there are resources out there to help.

From legal assistance to mental health support, hereā€™s a list of nonprofits and organizations dedicated to improving the everyday livelihood of trans and gender diverse people. These are mostly national organizations; there are many additional groups that work in local communities across the country. Some of these national groups will connect those in need of help to a local organization.

President Trump issued an executive order declaring there are only two genders ā€“ā€“ male and female ā€“ā€“ which applies to legal documents and passports. The order doesnā€™t recognize the idea that one can transition their gender at birth to another gender.

Ash Lazarus Orr filed to renew his passport with a gender marker reflecting his identity. That was in January, and he still hasnā€™t received it. He refused to accept a passport without an accurate identification of who he is, so he filed a lawsuit with the ACLU in what is now known as Orr v. Trump.

Orr told the Washington Blade that not receiving his passport back has taken away his freedom of visiting family in Canada and receiving gender-affirming care from a trusted provider in Ireland.

The one thing getting him through this uncertain time is knowing who heā€™s fighting for ā€“ā€“ the trans community, his loved ones, and himself.

ā€œI’m trying to be that person that those younger parts of me needed growing up,ā€ Orr said. Check out a couple of legal support organizations below:

Transgender Law Center

The Transgender Law Center (TLC) provides legal resources and assistance. TLC has a list ā€“ā€“ called the Attorney Solidarity Network ā€“ā€“ of attorneys that can provide advice or representation for trans people.

The organization also has a legal information help desk that answers questions regarding laws or policies impacting trans people.

Website: transgenderlawcenter.org

Phone: 510-587-9696

Email: [email protected]

Advocates For Trans Equality

With a variety of different programs tailored toward legal assistance and advocacy work, Advocates For Trans Equalityā€™s reach is wide.

The non-profit offers the Name Change Project, which provides pro bono legal name change services to low-income trans, gender-non-conforming and nonbinary people by utilizing its partnerships with law firms and corporate law departments.

Advocates For Trans Equality also has departments and programs dedicated to increasing voter engagement, educating lawmakers on trans issues and offering litigation assistance to a small number of cases.

Website: transequality.org

Phone: 202-642-4542

General email: [email protected]Ā 

To contact a specific department or program, visit its website above.

ADVOCACY

Looking to take action and get involved? Act now.

American Civil Liberties Union

The ACLU is a national nonprofit organization that mobilizes local communities and advocates for national causes.

Getting involved is as easy as filling out letters to representatives or signing petitions. One live petition is to ā€œdefend trans freedom.ā€

You can also join its People Power platform, where you serve as a volunteer in your community to ā€œadvance civil liberties and civil rights for all.ā€ ACLU has different chapters across the country, so visit its website for more information.

Website: aclu.org

Phone: 212-549-2500

MILITARY AND VETERANS

Trump signed an executive order in January banning transgender service members from serving, stating their identity ā€œconflicts with a soldierā€™s commitment to an honorable, truthful and disciplined lifestyle, even in oneā€™s personal life.ā€ 

Though the order has been legally challenged and struck down by a judge, U.S. Navy Lieutenant Rae Timberlake said itā€™s created an uncertain atmosphere for themself and other troops.

ā€œAll of the transgender service members I know have served with honor and integrity for many yearsā€¦[and weā€™re] targeted for removal and not subject to any kind of review based on merit,ā€ Timberlake, who joined the Navy at age 17, said. ā€œThere’s kind of just this cloud looming over our organizations and our units, because we know any day our transgender shipmates could no longer be on the team.ā€

But Timberlakeā€™s message to any service member struggling because of the executive order was one of compassion and truth: ā€œThere’s no policy that can take away what you’ve accomplished and what you’ve done.ā€

Here are some organizations that support service members and veterans:

SPARTA Pride

SPARTA is a peer-support group composed of active duty, veteran and ā€œfuture warriorā€ service members.

The group also engages in advocacy work and has helped change policies on gender neutral uniforms and reducing the time a trans service member would have to wait to return to their duties during their transition.

Contact SPARTA to learn more about joining its support network.

Website: spartapride.org

Email: [email protected]Ā 

Modern Military Association

Modern Military supports service members and veterans through advocacy, legal assistance and mental health support.

It tracks LGBTQ+ and HIV discrimination through reports made on its website, and offers guidance and advice to whoever submitted the report.

It also supports the mental health of LGBTQ+ veterans and their families through its Resilient Heroes Program. By signing up, youā€™ll receive virtual peer support and case management services with a mental health coordinator.

Website: modernmilitary.org

Phone: 202-328-3244 

Email: [email protected]Ā 

CRISIS & MENTAL HEALTH SUPPORT

If you have a more urgent matter, or just need someone to listen, here are some organizations you can reach out to:

The Trevor Project

The Trevor Project offers 24/7 counseling services. Calling, texting or chatting is free and confidential, and youā€™ll get to speak with someone specialized in supporting LGBTQ youth.

The organization also focuses on public education by hosting online LGBTQ suicide prevention trainings. It advocates for policies and laws that contribute to supporting queer youth.

Website: thetrevorproject.org

Crisis hotline: 1-866-488-7386

General inquiry phone number: 212-695-8650

Trans Lifeline

Trans Lifeline is a hotline run and operated by trans people. Whether you’re questioning if you’re trans or are a trans person just wanting to talk, someone will be there to help. Itā€™s free and confidential, and there wonā€™t be any non-consensual active rescue, such as calling the emergency services.

The line is not 24/7, however. Check out its website for hours within your time zone.

Website: translifeline.org

Phone: 877-565-8860

Here are other organizations that offer support to the trans community:

TransFamilies (support): Support for families with a gender diverse child.

TransLatina Coalition (advocacy): Advocates for the specific needs of the transgender, gender expansive and intersex communities in the U.S.

TransAthlete (information): Provides informative resources about trans athletes.

Campaign for Southern Equalityā€™s Trans Youth Emergency Project (healthcare support): A fund to help trans youth access lifesaving healthcare.

TransTech Social (economic empowerment): Dedicated to discovering and empowering the career-ready skills of LGBTQ+ people.

World Professional Association For Transgender Health (health): Resources, symposiums and research dedicated to improving transgender health.

Sylvia Rivera Law Project (legal): Legal programs and services for marginalized communities.

Gender Spectrum (support): Resources and support groups for trans youth and families.

The Okra Project (support): Creates and supports initiatives that provide resources for the Black Trans community.

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The White House

White House does not ‘respond’ to reporters’ requests with pronouns included

Government workers were ordered not to self-identify their gender in emails

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White House Press Secretary Karoline Leavitt and a senior advisor in the Department of Government Efficiency rejected requests from reporters who included their pronouns in the signature box of their emails, each telling different reporters at the New York Times that “as a matter of policy,” the Trump-Vance administration will decline to engage with members of the press on these grounds.

News of the correspondence between the journalists and the two senior officials was reported Tuesday by the Times, which also specified that when reached for comment, the White House declined to “directly say if their responses to the journalists represented a new formal policy of the White House press office, or when the practice had started.”

ā€œAny reporter who chooses to put their preferred pronouns in their bio clearly does not care about biological reality or truth and therefore cannot be trusted to write an honest story,ā€ Leavitt told the Times.

Department of Government Efficiency Senior Advisor Katie Miller responded, ā€œI donā€™t respond to people who use pronouns in their signatures as it shows they ignore scientific realities and therefore ignore facts.ā€

Steven Cheung, the White House communications director, wrote in an email to the paper: ā€œIf The New York Times spent the same amount of time actually reporting the truth as they do being obsessed with pronouns, maybe they would be a half-decent publication.ā€

A reporter from Crooked media who got an email similar to those received by the Times reporters said, ā€œI find it baffling that they care more about pronouns than giving journalists accurate information, but here we are.”

The practice of adding pronouns to asocial media bios or the signature box of outgoing emails has been a major sticking point for President Donald Trump’s second administration since Inauguration Day.

On day one, the White House issued an executive order stipulating that the federal government recognizes gender as a binary that is immutably linked to one’s birth sex, a definition excludes the existence of intersex and transgender individuals, notwithstanding the biological realities that natal sex characteristics do not always cleave neatly into male or female, nor do they always align with one’s gender identity .

On these grounds, the president issued another order that included a directive to the entire federal government workforce through the Office of Personnel Management: No pronouns in their emails.

As it became more commonplace in recent years to see emails with “she/her” or “he/him” next to the sender’s name, title, and organization, conservatives politicians and media figures often decried the trend as an effort to shoehorn woke ideas about gender (ideas they believe to be unscientific), or a workplace accommodation made only for the benefit of transgender people, or virtue-signaling on behalf of the LGBTQ left.

There are, however, any number of alternative explanations for why the practice caught on. For example, a cisgender woman may have a gender neutral name like Jordan and want to include “she/her” to avoid confusion.

A spokesman for the Times said: ā€œEvading tough questions certainly runs counter to transparent engagement with free and independent press reporting. But refusing to answer a straightforward request to explain the administrationā€™s policies because of the formatting of an email signature is both a concerning and baffling choice, especially from the highest press office in the U.S. government.ā€

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U.S. Military/Pentagon

Air Force rescinds rule barring inclusion of preferred pronouns in email signatures

Conflict with language in military funding package may explain reversal

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The Pentagon (Photo by icholakov/Bigstock)

The U.S. Air Force has issued a ā€œdirective to cease the use of ā€˜preferred pronounsā€™ (he/him, she/her, or they/them) to identify oneā€™s gender identity in professional communications,” according to a report published in the Hill on Wednesday.

The rule, which applies to both airmen and civilian employees, was first adopted on Feb. 4 pursuant to President Donald Trump’s anti-transgender executive order called, ā€œDefending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.ā€

Days after the administration’s issuance of that order on the first day of the president’s second term, the Office of Personnel Management instructed agencies across the whole of the federal government to remove pronouns from email signatures and enforce the policy barring employees from using them.

Additionally, on Jan. 27 Trump published an order barring trans people from joining the U.S. Armed Forces, indicating that those who are currently in serving would be separated from the military. The Pentagon is fending off legal challenges to the ban in federal courts.

Particularly given the extent of the new administration’s efforts to restrict the rights of trans Americans and push them out of public life, the Air Force’s reversal of the pronoun guidance was surprising.

According to reporting in Military.com, the move might have come because officials concluded the rule was in conflict with language in the military appropriations funding legislation passed by Congress in 2023.

The NDAA established that the defense secretary “may not require or prohibit a member of the armed forces or a civilian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspondence of the Department.”

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