Connect with us

National

Attorney fees for DOMA defense could reach $500,000

Clement hired at blended rate of $520 an hour

Published

on

Paul Clement (photo courtesy King & Spalding)

The U.S. House has hired a private attorney to defend the Defense of Marriage Act in court at a total sum that could reach $500,000 and at a blended rate of $520 an hour, according to a copy of the contract obtained by the Washington Blade and other media outlets.

The contract was entered by House general counsel Kerry Kircher, whom U.S. House Speaker John Boehner (R-Ohio) charged with defending DOMA in court, and the law firm King & Spalding for the purposes of hiring Paul Clement, a former U.S. solicitor general under former President George W. Bush.

According to the contract, the House has agreed to pay King & Spalding a sum not to exceed $500,000 for all services rendered in defending DOMA, the 1996 law that prohibits federal recognition of same-sex marriage.

“It is further agreed that payment for such contractual services may be paid on a partial basis from time to time and in such amounts as the General Counsel may approve,” the contract states.

It should be noted the $500,000 cap could be raised upon written agreement by both parties in the contract as well as the House Committee on Administration.

Additionally, Clement will be paid at a blended rate of $520 an hour for time expended in litigation of defense of DOMA in court and at 75 percent of this usual rate for all reasonable non-attorney time in connection with the litigation.

Notably, the House contract stipulates that King & Spalding not engage in the course of contracted activity in discrimination on the basis of race, color, religion, sex, national origin, age, disability or any other prohibited basis — leaving out sexual orientation and gender identity.

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.

King & Spalding didn’t respond on short notice to respond to the Washington Blade’s request to comment on the contract or the firm’s decision to permit Clement to defend the anti-gay law in court.

Michael Steel, a Boehner spokesperson, blamed the Obama administration for what he said was leaving Congress the responsibility of defending DOMA and requiring the House to hire a private attorney.

“Obviously, this whole thing would be unnecessary if the White House and the Justice Department would do their job and defend a law that was passed by both Houses of Congress and signed by the President of the United States – a Democratic President, at that,” Steel said.

But the revelation of the cost for hiring a private attorney to defend DOMA was met with criticism from the Human Rights Campaign and the office of House Minority Leader Nancy Pelosi (D-Calif.).

HRC President Joe Solmonese noted that defense of DOMA places a burden both on gay couples and the coffers of the U.S. government.

“DOMA inflicts a great cost on same-sex couples but now its defense is burdening taxpayers to the tune of $520 per hour,” Solmonese said. “The firm of King & Spalding and their attorney Paul Clement should be ashamed at every penny earned in trying to justify discrimination against American families.”

Drew Hammill, a Pelosi spokesperson, lambasted Boehner for permitting this expense in defending DOMA.

“The hypocrisy of this legal boondoggle is mind-blowing,” Hammill said. “Speaker Boehner is spending half a million dollars of taxpayer money to defend discrimination. If Republicans were really interested in cutting spending, this should be at the top of the list.”

The degree to which the contract reveals the total cost of House defense of DOMA remains in question. The document only reveals the initial cost of hiring Clement and not expenses of the House general counsel.

Lane Hudson, a gay Democratic activist, said he thinks the contract hides other costs to the U.S. government in defense of DOMA.

“At contract rate of $520 an hour, it will fund one full-time lawyer for less than six months,” Hudson said. “Anyone who can count can see this is hogwash. Speaker Boehner should come clean on how much taxpayer money he will waste defending discrimination, especially given his rhetoric on reining in federal spending.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

Published

on

Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

Continue Reading

National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

Published

on

Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

Continue Reading

Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

Published

on

U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

Continue Reading

Popular