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Pelosi presses GOP on DOMA defense contract

Minority leader asks why Democrats excluded from negotiations

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House Minority Leader Nancy Pelosi (Blade file photo by Michael Key)

House Minority Leader Nancy Pelosi (D-Calif.) on Wednesday stepped up the pressure on Republican leadership to answer questions about cost and transparency over the recently signed contact allowing a private attorney to assist with defending the Defense of Marriage Act in court.

In an April 20 letter to U.S. House Speaker John Boehner (R-Ohio), Pelosi says questions remained unanswered about hiring Paul Clement, an attorney with King & Spalding, to help the House general counsel with defending DOMA in court because Democratic lawmakers weren’t informed of negotiations prior to the contract signing.

“Since Democratic members were excluded from all negotiations, I would appreciate your providing the following information concerning the contractā€™s transparency, cost, the discount and the restrictions placed upon King and Spaldingā€™s vast lobbying practice,” Pelosi writes.

On Tuesday, the House contract with Clement was made public, revealing that House general counsel Kerry Kircher has hired the private attorney to assist with defending DOMA for a total sum that could reach $500,000 andĀ at a blended rate of $520 an hour.

Among Pelosi’s inquiries is whether King & Spalding won the contract after a bidding process or if the selection of the firm was made as a sole source contract. The Democratic leader also asks how the $520 an hour rate for Clement was determined and the total possible sum of $500,000 for his work.

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 response to the letter, Michael Steel, a Boehner spokesperson, said he hopes Pelosi’s concern over DOMA defense costs means she’ll back the speaker’s call to redirect funds from the Justice Department to Congress to pay for the House defense of DOMA.

“The minority leader’s new-found concern for saving taxpayers money is encouraging,” Steel said. “We hope it means we can count on her support for reducing DOJ’s budget to recoup any costs incurred by the House so that taxpayers will bear no added cost for the administration’s refusal to defend the laws of the United States.”

The full text of letter of the letter follows:

April 20, 2011

The Honorable John A. Boehner
Speaker of the House
H-232, The Capitol
Washington, D.C. 20515

Dear Mr. Speaker:

The release of the contract between the House of Representatives and the law firm of King and Spalding concerning litigation on the Defense of Marriage Act (DOMA) raises many questions.Ā  While the Democratic Members of the Bipartisan Legal Advisory Group (BLAG) opposed the decision of the Republican Members to authorize involvement in the DOMA lawsuits, that opposition in no way diminished the need for normal oversight of the terms of any contract signed by the Republican Leadership obligating the House of Representatives to pay half a million dollars of taxpayer money for private attorneys.Ā  Yet the Democratic representatives on the BLAG, and the Democratic members of the Committee on House Administration, were provided with no information about the contract prior to or, at the time of, its being signed on April 14th. Since Democratic members were excluded from all negotiations, I would appreciate your providing the following information concerning the contractā€™s transparency, cost, the discount and the restrictions placed upon King and Spaldingā€™s vast lobbying practice:

TRANSPARENCY

Did the BLAG or any House entity issue a call for bids, or was the selection of King and Spalding made as a sole source contract?Ā  Who specifically made the decision to hire this firm, and what criteria were used?Ā  Why was the Democratic membership of the Committee on House Administration not informed of the ongoing negotiations with King and Spalding and provided an opportunity to participate in order to assure a transparent process to prevent taxpayer dollars from being wasted?

COST

How was the $520 dollar an hour ā€œblended rateā€ for attorneys negotiated, and how was the $500,000 fee established?Ā  Was there a determination that $500,000 would be sufficient to pay for the complete legal representation in the 12 pending cases, and if so, who made that determination and how?Ā  Is $520 an hour the regular rate normally charged by King and Spalding attorneys?Ā  What are the specific hourly rates that will be charged by each of the King and Spalding attorneys listed in section 5 of the contract?Ā  Is it anticipated that King and Spalding will represent the House in all 12 pending DOMA cases from the trial stage through any and all appeals?

DISCOUNT AND ETHICS

The contract states that other fees may be assessed at 75% of the firmā€™s regular charges.Ā  What ā€œother feesā€ are contemplated, and how was the 75% rate established?Ā  Is it the standard practice of King and Spalding to give a 25% discount for non-attorney time to all government agencies or does the discount only pertain to the House Republican leadership?Ā  Did the Ethics Committee review the proposed contract discount to ascertain whether it complied with all House ethics rules governing the provision of gratuities to the House by a commercial entity?Ā  If so, please provide the written opinion of the Ethics Committee.

LOBBYING

Please provide a copy of all written restrictions imposed on King and Spaldingā€™s extensive lobbying practice to ensure that no conflicts of interest arise on behalf of its extensive list of corporate clients while that firm is employed by the House.

Thank you for your timely response to this letter and my letter of April 18th.

Best regards,

NANCY PELOSI
Democratic Leader

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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