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Boehner: Cut DOJ funds to pay for House DOMA defense
Speaker taps Bush solicitor general to defend law
U.S. House Speaker John Boehner (Blade file photo by Michael Key)
U.S. House Speaker John Boehner (R-Ohio) on Monday called for redirection of funds from the Justice Department to Congress to pay for defense of the Defense of Marriage Act in court as he made public his decision to hire a U.S. solicitor general from the Bush administration to defend the anti-gay statute.
In a letter dated April 18 to House Minority Leader Nancy Pelosi (D-Calif.), Boehner calls for cutting funds from the Justice Department to provide money to the House general counsel to pay for congressional costs to defend in court DOMA, the 1996 anti-gay law that prohibits federal recognition of same-sex marriage.
On the same day, Boehner’s office announced that Paul Clement, who served as U.S. solicitor general under President George W. Bush, would assist the House general counsel in taking up defense of DOMA against litigation. Clement is now a partner at the D.C.-based office for the firm King & Spalding, where he manages the national appellate practice.
Boehner made the announcements on the deadline day for the House to decide whether or not to intervene in one case challenging DOMA, Windsor v. United States, which was filed by the American Civil Liberties Union and is pending before the U.S. District Court of Southern District of New York. The House general counsel filed a notice of its intent to intervene on Monday.
In his letter to Pelosi, Boehner writes that funds should be redirected from the Obama administration to Congress to pay for expenses that the speaker says would have been more rightfully incurred by the Justice Department.
“Obviously, DOJ’s decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA,” Boehner writes. “It is my intent that those funds be diverted to the House for reimbursement of any costs incurred by and associated with the House, and not DOJ, defending DOMA.”
On Feb. 23, U.S. Attorney General Eric Holder notified Congress that President Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court. Following a 3-2 party-line vote in March by the Bipartisan Legal Advisory Council, Boehner directed the House general counsel to take up defense of DOMA in place of the administration.
In his letter, Boehner writes that the Justice Department would be in a better position to defend DOMA — both in terms of resource allocation and in expertise of personnel — but adds the administration’s decision to drop defense of the anti-gay law leaves Congress no other option but to face “that additional burden and cost.“
“I would also point out that the cost associated with DOJ’s decision is exacerbated by the timing of this decision,” Boehner writes. “Most of these cases are in the middle of lower court litigation and not ripe for Supreme Court review. Had the Attorney General waited until the cases were ripe for certiorari to the Supreme Court, the costs associated with the House defense would have been exponentially lower.”
Obama dropped defense of DOMA in court after litigation against the statute was filed in the U.S. Second Circuit. Since no legal precedent for laws related to sexual orientation exists within this circuit, Obama had the opportunity to examine DOMA with heightened scrutiny, which led to his determination that the anti-gay law was unconstitutional.
Boehner’s letter was in response to a March 11 letter that Pelosi sent to the speaker asking him if he had an estimate for House defense of DOMA and a plan to provide congressional oversight of these expenses. Earlier this month during a news conference, Boehner told the Washington Blade he doesn’t have an estimate on the cost for House defense of DOMA.
In his letter, Boehner asks Pelosi, a sponsor of legislation to repeal DOMA, to join him in backing the redirection of funds from the Justice Department to Congress to defend the anti-gay statute in court.
“I would welcome your joining me in support of redirecting those resources from the DOJ to the House that would otherwise have been necessary expenses on the Attorney General to defend this federal statute,” Boehner writes.
House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)
In another letter dated April 18 responding to Boehner, Pelosi writes that the speaker didn’t answer the central question in her initial missive on the total estimated cost for House defense of DOMA.
“Unfortunately, your letter did not respond to the central question in my March 11th letter: the cost to taxpayers of hiring outside legal counsel,” Pelosi writes. “Again, I am requesting that you disclose the cost of hiring outside counsel for the 12 cases where DOMA is being challenged.”
Pelosi also maintains that House defense of DOMA against litigation isn’t required and disputes an assertion from Boehner that administration’s decision amounts to the president unilaterally determining the constitutionality of the anti-gay law.
“As you know, only the courts can determine the constitutionality of a statute passed by the Congress,” Pelosi writes.
Finally, Pelosi takes issue with Boehner’s decision to hire Clement as an attorney in the case and says Democrats weren’t informed about the decision beforehand.
“According to reports, a contract engaging Paul D. Clement to serve as the outside counsel reportedly was forwarded to the Committee on House Administration, although not to the Democratic members or staff of the Committee,” Pelosi writes. “I would like to know when the contract with Mr. Clement was signed, and why a copy was not provided to Democrats on the Committee.”
One LGBT advocate lambasted Boehner for declaring that Congress should defund part of the Justice Department so that House can take up defense of DOMA.
Joe Solmonese, president of the Human Rights Campaign, said Boehner’s decision amounts to a betrayal of House Republicans promise to work to improve the economy if elected to a majority in Congress.
“The House Republican Leadership continues to show that they’re more interested in scoring cheap political points on the backs of same-sex couples than tackling real problems,” Solmonese said. “As Americans across the country continue to struggle, Speaker Boehner’s prescription has been to keep families he doesn’t like from accessing needed protections. To add insult to injury, he’s now signed on to a right-wing plan to cut funding for the Department of Justice.”
Boehner cannot unilaterally redirect congressionally allocated funds from the Justice Department to the House for the purposes of defending DOMA. Both the House and the Senate would have to approve the fund redistribution legislatively through the appropriations process — and such a measure would need Obama’s signature for enactment.
During a news conference Monday, White House Press Secretary Jay Carney said in response to a question from ABC News’ Ann Compton on Boehner’s call to redirect from funds the Justice Department that the administration would work with Congress on the issue.
“I’m not aware of that [letter],” Carney said. “I don’t any comment specifically on funding. I do know that the day that announced that this year. I spoke about it, but we obviously will work with Congress, if Congress so chooses to move forward.”
Pressed further by Compton, Carney deferred comment to the Justice Department. Both the White House and the Justice Department declined to comment further on the development in response to a request by the Blade.
The total amount of funds that Congress could redirect from the Justice Department to the House general counsel as a result of the Obama administration’s decision to no longer defend DOMA in court remains in questions. In testimony March 1 before the House Appropriations Committee, Holder said the funds that the Justice Department would save by not defending DOMA would be insignificant.
“I’m not sure we save any money, frankly.” Holder said. “The people who would be defending the statute, were we to do that, are career employees of the Department of Justice, who will not be spending their time doing that; they will be spending their time doing other things. I’m not sure that I see any savings as a result of the decision that I announced with the president.”
Paul Clement (photo courtesy King & Spalding)
Boehner taps Paul Clement to defend DOMA
In addition to railing against Boehner’s call to defund part of the Justice Department to defend DOMA, LGBT advocates criticized Boehner for hiring Clement as outside counsel to defend the anti-gay law in court as well as the attorney for taking up the speaker’s cause.
According to his bio on King & Spalding’s website, Clement served as the 43rd U.S. solicitor general 2005 to 2008 and argued more than 50 cases before the U.S. Supreme Court. In private practice, Clement has focused on appellate matters, constitutional litigation and strategic counseling.
In September 2009, the Washingtonian reported that Clement was making $5 million at the law firm — while the average salary for other attorneys at the firm made $1.235 million in 2008. D.C. managing partner J. Sedwick Sollers reportedly wouldn’t comment on Clement’s salary.
Clement didn’t respond on short notice to the Blade’s request to comment on why he was interested in defending DOMA or what his legal fees would cost the U.S. government.
Michael Steel, a Boehner spokesperson, confirmed that the speaker had hired Clement to take on defense of DOMA, but didn’t have information the fees for taking him on retainer.
“The costs will be determined by Mr. Clement’s legal strategy,” Steel said. “Earlier today, the Speaker sent a letter to Rep. Pelosi, the Democratic Leader in the House, urging her to work with us to redirect the necessary funds from the Department of Justice — since they have declined to defend the law.”
LGBT advocates had harsh words for both Clement and King & Spalding for facilitating defense of DOMA in court. Solmonese rebuked the firm’s for allowing Clement to defend the ant-gay law as part of his private practice.
“The firm of King & Spalding has brought a shameful stain on its reputation in arguing for discrimination against loving, married couples,” Solmonese said. “No amount taxpayer money they rake in will mitigate this blemish on the King & Spalding name.”
According to HRC, media reports have indicated that Clement’s hourly fees could top $1,000, which could his role in defending DOMA pricey for the U.S. government if the litigation, as expected, takes years to reach the Supreme Court.
James Esseks, director of the ACLU’s lesbian, gay, bisexual transgender and AIDS project, said Boehner’s decision to take on a private attorney to defend DOMA is notable at a time when deficit reduction is a top priority among U.S. leaders.
“It’s striking that Congress has decided at a time of budget cuts that this where they want to spend their money,” Esseks said. “They want to spend taxpayer dollars to try to defend a law that clearly is unconstitutional instead of trying of getting rid of the law, which they can easily do.”
Esseks said he doesn’t have an estimate for how much retaining Clement would cost the U.S government, but — noting his job history and his position at a prestigious law firm — said Clement’s legal fees would be probably be “pretty high.”
But Gary Buseck, legal director for Gay & Lesbian Advocates & Defenders, which has two pending cases challenging DOMA — Gill v. U.S. Office of Personnel Management and Pedersen v. U.S. Office of Personnel Management — had more mild words for Clement.
“Paul Clement is obviously a well-respected attorney,” Buseck said. “We’re happy the House has chosen its counsel so that the DOMA litigation can once again go forward.”
Real Estate
Navigating DMV real estate market during political unrest
Reductions in federal employment have introduced uncertainties
The Washington, D.C.-Maryland-Virginia (DMV) region has long been recognized for its robust housing market, underpinned by the presence of the federal government and a diverse economic landscape. Recent massive reductions in federal employment have introduced uncertainties, yet the area continues to offer compelling reasons for prospective homebuyers, particularly within diverse communities.
While the federal government has traditionally been a significant employer in the DMV, the region has proactively diversified its economic base. Sectors such as technology, professional services, education, and healthcare have expanded, mitigating the impact of federal job cuts. This diversification fosters some economic resilience, which offers our area a semblance of protection against the impending unknowns that we currently face. Nothing can shield real estate entirely; however, our area tends to survive these types of changes better than other parts of the country.
Despite concerns over federal layoffs, the DMV housing market has demonstrated notable stability. Analyses indicate that the number of active listings, sold properties, and median sales prices have remained steady on a year-over-year basis. This steadiness suggests that the market is adapting to changes without significant disruption.
Furthermore, while there has been a slight increase in home listings, this trend aligns with typical seasonal variations and does not solely reflect federal employment changes. The luxury property segment, in particular, continues to thrive, indicating sustained interest and investment in the region.
The DMV region is renowned for its cultural and demographic diversity, with areas like Montgomery County, Md., being among the most ethnically diverse in the nation. This inclusivity extends to various communities, including LGBTQ individuals, fostering a welcoming environment that enhances the area’s appeal. Even though the current administration is fostering anti-diversity ideology, I remain confident that our LGBTQ community will continue to thrive even as these destructive forces work against us.
Local governments within the DMV have implemented policies aimed at promoting affordable housing and preventing displacement, particularly in the wake of economic shifts. Initiatives like the Douglass Community Land Trust in Washington, D.C., exemplify efforts to maintain housing affordability and support community stability.
Additionally, jurisdictions such as Montgomery County have longstanding Moderately Priced Dwelling Unit (MPDU) programs that require developers to include affordable housing in new residential developments. These policies contribute to socioeconomically mixed neighborhoods, benefiting diverse populations.
Despite Elon Musk’s brandishing of a chainsaw to the federal workforce, our real estate market continues to thrive. The DMV region maintains its appeal. Economic diversification, market stability, commitment to diversity and inclusion, and progressive housing policies collectively contribute to an environment that supports and attracts diverse communities. Prospective homebuyers can find reassurance in the region’s resilience and ongoing efforts to foster an inclusive and vibrant community. These are only a few among the many reasons to have a positive outlook while considering real estate options in our area.
It is important to consider working with brokerages, brokers, agents, lenders and title companies who align with our community and our objectives. Not all LGBTQ agents work for brokerages that support or understand the needs of the members of our community. Do your research and find out who has donated money to what political causes. Now more than ever we must support members of our community to protect our way of life and our very existence.
Stacey Williams-Zeiger is president/principal broker of Zeiger Realty Inc. Reach her at [email protected].
Hi Michael,
When I came to D.C. for college and came out, I was idealistic about finding true love. I made gay friends at school and watched them hooking up all the time.
It seemed like the opposite of what I wanted. I dreamed of meeting “Prince Charming” and living happily ever after. I thought I would put off sex until I met my special guy.
This went on for a while until I got too horny and impatient to keep putting off sex. The boyfriend wasn’t materializing so I went online and hooked up. Actually it was a lot of fun.
Soon I was hooking up as much as any of my friends were. I kept hoping I’d still find my prince. But over time most of my energy shifted to finding guys to have sex with.
Now I’m 34. I’ve been at this a long time and I realized the other day that I don’t like my life.
I haven’t been on a real date in years but I’m hooking up multiple times a week. I’ve been with almost everyone I see on the apps whom I find attractive (where the feeling was mutual). And yes, I’ve been with a lot whom I didn’t find attractive because I was horny.
I look at myself and I think, yuk. I don’t like whom I’ve become.
I feel like I am addicted to hooking up. I just keep craving something. The release but mostly the attention, that the other person finds me hot. After I come, I feel like the whole thing was pointless, and a little disgusted with myself. Advice?
Michael replies:
You’re using hookups not just for sex, but as a way to feel good about yourself by getting positive attention from others.
But other-validation is like junk food, a sugary snack that staves off hunger for a few minutes and never really fills you up. All those guys you hook up with? The attention feels great, but as you wrote, that feeling lasts until your orgasm. And then you’re back to chasing it.
As with junk food, the other-validation you get when you hook up is a lot of empty calories. Having someone you don’t even know agree to have sex with you says nothing meaningful about your worth or even your attractiveness.
Yet another problem: If you believe that you need other-validation, you will do all sorts of self-damaging behaviors to get it—such as hookups that leave you feeling empty and disgusted. I’ve seen many people lose their self-respect in the service of getting other people’s positive attention through behaviors that violate their own integrity. Doing things that make you feel bad about yourself in an attempt to feel good about yourself is ironic, and sad.
The bottom line is that other people can’t “make” you feel good about yourself. They might give you a small temporary boost, but your self-esteem actually has to come from you. That’s why it’s called self-esteem. Once you are past a certain age, if you don’t believe that you have value, no one else can get you there. You have to validate yourself.
Let’s go big-picture for a moment: It is our parents’ job to teach us that we have value when we are little, and when that doesn’t happen, we often struggle with self-esteem throughout our lives, unless we can find a path to develop our own belief in our worth. In the meantime, we may chase other-validation in a futile attempt to fill ourselves up.
Other experiences we go through—for example, growing up gay in a hostile environment—can also do a number on how we see ourselves, and leave us grasping for affirmation from others. It takes work to get through and get past the impact of these experiences.
So how do you get better at giving yourself the validation you are seeking? There’s a great saying from the 12-step programs: If you want to have self-esteem, behave in esteemable ways.
What would it mean for you to behave in a way that you respect? Your letter provides one answer that is true for you: Stop engaging in sexual encounters that leave you disliking yourself.
Far easier said than done, right? But that doesn’t mean it’s impossible. Having gotten clarity that you don’t like the life you’ve constructed for yourself, now you actually can do something about it. Keep in mind, though, that you will face some challenges if you stop hooking up.
First: You may find it isolating and scary to stop doing something that all or most of your friends are doing. You will have to reassure yourself that you’re doing what’s right for you; that you are taking good care of yourself by choosing to avoid behaviors that leave you feeling bad; and that it’s OK to be different from “everyone else.” In other words, you are going to have to get much better at self-validation.
If you have some friends who don’t spend a lot of their time hooking up, they may be good supports for you. Some guys find camaraderie from attending a 12-step program like Sexual Compulsives Anonymous (SCA).
Second: People often use hookups (and sex) not just for sexual gratification, but to soothe anxiety, stress, depression, and other uncomfortable feelings. If you stop hooking up, you will likely need some other ways to keep yourself calm and to steady your mood. Exercise and meditation are two obvious means.
You’d be wise to figure out new ways to fill your time that give you a sense of meaning and connection. I can’t tell you what those might be; only you can figure out what is right for you. They might include developing or deepening warm friendships, taking good care of yourself, finding a new activity that interests you — the list can go on and on.
If you still want to find your prince, this is the way to go about it. The cliché is true: You can’t expect anyone to like you unless you like yourself. If you build a life rich in fulfilling pursuits that help you to feel good about who you are and the life you are leading, you will be transforming yourself into relationship material.
Keep in mind, though, that letting yourself get close to someone through a heart connection would mean having to confront all sorts of uncomfortable emotions, including feeling vulnerable, that you have avoided by limiting yourself to crotch attachments.
That said, working to become a more solid person would help you develop the strength to tolerate the ongoing challenges of a close relationship.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].
Whether you are upgrading parts of your current home to prepare it for sale or enhancing the home you just purchased, kitchens and bathrooms are still at the top of the renovation list.
Kitchen renovations have always embraced a blend of functionality, personalization, and aesthetic appeal; however, homeowners are currently moving away from sterile, uniform designs, opting instead for spaces that reflect warmth, character, and individual style. Here are some of the most prominent trends shaping kitchen renovations this year.
Warm and Earthy Tones
The dominance of all-white kitchens is waning as homeowners gravitate toward warmer, earth-toned palettes. Shades like sage green, navy blue, and natural wood finishes are becoming popular choices for cabinetry, infusing kitchens with a cozy and inviting atmosphere. This shift reflects a desire for spaces that feel more personalized and less clinical. Flat panel and Shaker cabinets continue to be popular options.
Integration of Organic Modernism
The “modern organic” style is gaining traction, characterized by using natural materials, neutral color palettes, and serene layouts. Incorporating elements like soapstone countertops, Venetian plaster walls, slate floors, and greenery not only enhances aesthetic appeal but can also increase home values significantly. Fully outfitted outdoor kitchens further contribute to this trend.
Innovative Kitchen Island Designs
Kitchen islands continue to be central features, with designs evolving to incorporate textures, wood and tile cladding, multifunctional elements, and bold colors and materials. Integrated seating areas, waterfall countertops, and the use of monolithic stone or stacked marble are becoming increasingly popular. These islands not only serve as functional workspaces but also as striking focal points within the kitchen.
Concealed Kitchens for a Sleek Look
The concept of concealed kitchens is on the rise, emphasizing built-in appliances, flush cabinetry, and appliance garages to maintain a clutter-free environment. This design approach fosters a minimalist aesthetic, creating a seamless flow between the kitchen and adjacent living areas, particularly in open-concept homes.
Personalized Cabinetry and Storage Solutions
Customization is key in modern kitchen designs, with homeowners seeking tailored storage solutions that cater to their specific needs. Features like hidden storage compartments, integrated lighting, and unique hardware choices are being favored over generic, cookie-cutter options. This trend underscores a move toward kitchens that are both functional and reflective of personal style.
Revival of Traditional Styles with Modern Twists
Traditional kitchen styles are making a comeback, with a contemporary twist. Elements such as expanded backsplash coverage, classic tile shapes and patterns, use of mixed metals, and specialty appliances are being integrated into modern kitchens, blending the charm of the past with the conveniences of the present. Custom range hoods, coffee bars and microwave drawers are increasingly added to renovation projects. This fusion creates spaces that are both timeless and equipped for modern living.
Sustainable and Natural Materials
Sustainability remains a priority, with an increased use of eco-friendly materials like reclaimed wood, recycled metals and glass, and energy-efficient appliances. This not only reduces environmental impact but also introduces unique texture and shimmer into kitchen designs, adding depth and character to the space.
Use of Bold Colors and Accents
Homeowners are becoming more adventurous with color and texture, incorporating vibrant hues and tactile materials into their kitchen designs. Features like colorful window trims, two-tone cabinets, and the use of wallpaper and feature walls add visual interest and a personalized touch to the space. In addition to the familiar white, major appliances are now shown in matte black, navy, and jewel tones of red, green, and blue. There are even vinyl wraps and magnet covers that allow for more creativity and individualization with appliances.
Integration of Smart Technology
The incorporation of smart technology continues to grow, with appliances featuring automated cooking functions, sensor reheating, and control locks becoming more prevalent. Induction stoves are entering the mix. Charging stations and touch-activated cabinet doors and faucets are also popular. LED lighting lasts longer and prevents you from having to climb a ladder to change lightbulbs on a high or vaulted ceiling. These advancements enhance convenience and efficiency, aligning with the modern homeowner’s desire for a kitchen that supports a tech-savvy and busy lifestyle.
Multifunctional Spaces
Kitchens are increasingly being designed as multifunctional spaces that accommodate cooking, dining, working, and socializing. This has led to the inclusion of features like integrated seating, versatile lighting, and adaptable layouts that can easily transition between different uses, reflecting the evolving role of the kitchen in contemporary homes. Still, don’t be surprised to see a resurgence of self-contained kitchens with real walls.
So, whether the kitchen you want is sleek and modern, earthy and organic, or traditional and elegant, there will always be fresh new styles, ideas, innovations and classic touches that cater to your lifestyle.
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.
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