National
Pelosi queries Boehner on DOMA defense cost
Minority leader has concern about private lawyers’ fees

House Minority Leader Nancy Pelosi (D-Calif.) sent a letter on FridayĀ to House leadership seeking clarification on the cost ofĀ the congressional defense of the Defense of Marriage Act in court.
In the letter, PelosiĀ asks House Speaker John Boehner (R-Ohio) to provide an estimate of the cost of defending DOMA. SheĀ notes the House general counsel has been authorized to hire private lawyers to the defend the anti-gay statute.
“It is important that the House receive an estimate of the cost to taxpayers for engaging private lawyers to intervene in the pending DOMA cases,” Pelosi writes. “It is also important that the House know whether the BLAG, the General Counsel, or a Committee of the House have the responsibility to monitor the actions of the outside lawyers and their fees.”
On Wednesday, Boehner directed the House general counsel to defend DOMA in court after the five-member Bipartisan Legal Advisory Committee voted 3-2 on a party-line basis to argue on behalf of the law.
Boehner as well as House Majority Leader Eric Cantor (R-Va.) and House Majority Whip Kevin McCarthy (R-Calif.) voted in favor of directing counsel to defend the statute, while Pelosi and House Minority Whip Steny Hoyer (D-Md.) voted against such action.
In the letter, Pelosi also expresses concern about the duration of the DOMA litigationĀ — noting an estimate that the cases could take 18 months until they reach the U.S. Supreme Court — and questions the necessity of the House intervening to defend the law.
“There are numerous parties who will continue to litigate these ongoing cases regardless of the involvement of the House,” PelosiĀ writes.Ā “No institutional purpose is served by having the House of Representatives intervene in this litigation which will consume 18 months or longer.Ā As we noted, the constitutionality of this statute will be determined by the Courts, regardless of whether the House chooses to intervene.”
According to a Democratic aide, House General Counsel Kerry Kirchner has saidĀ defense of DOMA would “not be inexpensive,” but a Republican aide has countered that no decisions have been made about the cost of DOMA litigation.
Boehner’s office didn’t respond on short notice to the Washington Blade’s request to comment on the letter.
The full text of the letter follows:
March 11, 2011
Ā
The Honorable John Boehner
Speaker of the House
H-232, The Capitol
Washington, D.C. 20515
Ā
Dear Mr. Speaker:
Ā
The House Bipartisan Legal Advisory Group (BLAG) voted this week by a 3-2 margin to direct the House General Counsel to initiate a legal defense of the Defense of Marriage Act (DOMA).Ā As you know, the Democratic members of the BLAG voted against directing the House Counsel to initiate the costly defense of a statute which many believe to be unconstitutional under the Equal Protection clause.Ā
Ā
While respecting the role of the BLAG to make such decisions, I disagree in this circumstance because of the number of cases, at least 10.Ā There are numerous parties who will continue to litigate these ongoing cases regardless of the involvement of the House.Ā No institutional purpose is served by having the House of Representatives intervene in this litigation which will consume 18 months or longer.Ā As we noted, the constitutionality of this statute will be determined by the Courts, regardless of whether the House chooses to intervene.Ā
Ā
The resolution passed by the BLAG also directs the House General Counsel to hire private lawyers rather than utilize his own office to represent the House.Ā The General Counsel indicated that he lacked the personnel and the budget to absorb those substantial litigation duties.Ā It is important that the House receive an estimate of the cost to taxpayers for engaging private lawyers to intervene in the pending DOMA cases.Ā It is also important that the House know whether the BLAG, the General Counsel, or a Committee of the House have the responsibility to monitor the actions of the outside lawyers and their fees.
Ā
The American people want Congress to be working on the creation of jobs and ensuring the continued progress of our economic recovery rather than involving itself unnecessarily in such costly and divisive litigation.Ā
Ā
Thank you for your responses to these questions concerning the cost and oversight of the litigation as it proceeds through the courts.
Ā
Best regards,
Ā
NANCY PELOSI
Democratic Leader
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā OUT LGBT Well-being and Access Chapter 2 ā that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.
Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.
These included “I Know Why the Caged Bird Singsā by Maya Angelou, āStone Fruitā by Lee Lai,Ā āThe Hate U Giveā by Angie Thomas, āLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā by James W. Loewen, āGender Queer: A Memoirā by Maia Kobabe, and āDemocracy in Black: How Race Still Enslaves the American Soulā by Eddie S. Glaude, Jr.Ā
The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.
In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”
“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
Federal Government
White House sues Maine for refusing to comply with trans athlete ban
Lawsuit follows months-long conflict over school sports in state

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.
DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.
āWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to āhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.
Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā
According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.
Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.
Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.
Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools ā which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā was referred to DOJ.
Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.
A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from āterminating, freezing, or otherwise interfering with the stateās access to federal funds based on alleged Title IX violations without following the process required by federal statute.āĀ
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