E-mail updates
Follow on Twitter
Subscribe to RSSFrom NBC's Shawna Thomas and Carrie Dann
As Congress continues its debate over how America’s tax dollars should be best used, lawmakers are arguing over a chunk of a half-million dollars intended to defend a law that about half of taxpayers don’t think is worth defending: the federal statute that deems same-sex marriage unconstitutional in the eyes of the U.S. government.
According to a contract provided by Democratic Leader Nancy Pelosi’s office, the House Administration Committee and the General Counsel entered into an agreement on April 14th with former Solicitor General Paul Clement to act as the House’s lawyer in cases involving the Defense of Marriage Act.
The price tag on the contract: About $520/hour with a cap of $500,000 on legal charges.
In February, the White House delivered a surprising victory to gay rights activists when President Barack Obama directed the Department of Justice to abandon its defense of the act because, the administration argued, a part of the law violates the constitution.
But House Speaker John Boehner, calling that decision “regrettable” and politically divisive, argued in March that “the constitutionality of this law should be determined by courts – not by the President unilaterally.” He announced then that the House would take up the legal responsibilities of defending the law in the absence of DOJ legal staff.
He’d also like DOJ to pick up the tab.
“Obviously, DOJ’s decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA,” Boehner wrote in a letter to House Minority Leader Nancy Pelosi asking her to join in his efforts to request the funds from the agency. “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.”
Pelosi responded by requesting the details of the cost of outside counsel, resulting in the publication of the $500,000 figure released today.
Attorney General Eric Holder has previously argued that the administration’s decision to stop defending DOMA does not mean that a pot of saved money is now available in DOJ’s coffers.
“I'm not sure we save any money, frankly,” Holder said at a hearing in March. “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.”
The law itself, which was enacted in 1996, appears to be losing popularity. According to a new CNN Poll, 51% of Americans believe same-sex marriages should be “recognized by the law as valid.” That’s a 7% jump since this question was asked in April of 2009.
Yesterday, Clement and his team filed a “Motion to Intervene” in their first case, Windsor v. United States, on behalf of the House.
In that case, the widow of a same-sex partner is suing to retrieve estate taxes she owed when the federal government did not recognize her marriage.
Edith Windsor and her now-deceased partner, Thea Spyer were legally married in Canada in 2007. That marriage was recognized by their home state of New York.
But when Spyer died, because her marriage was not recognized under DOMA, Windsor owed taxes on the estate totaling $363,053 – taxes that would not have been levied had the couple been married in the eyes of the federal government.
Windsor’s case challenges the constitutionality of DOMA and simply put, asks the government to give her the money back.
According to court documents, the team led by Clement is scheduled to make its first appearance before a judge on May 9th 2011.
Leave a Comment:
Well, I'll Be daumed!
well, it looks like the gop is finally keeping its promise of creating jobs for the poor and unemployed. one government job at over 500 bucks an hour, paid for by the taxpayer. the economy should be turning around any minute now. wait for it, wait for it, no.
Talk about government waste. A high-priced lawyer to defend an indefensible law. But I'm sure Boehner can find a program for the poor or elderly he can slash to make up for this waste of taxpayers' money.
I actually agree with Boehner on this one. The Department of Justice was formed specifically to defend the laws of the United States. The DOJ is part of the executive branch, and the executive branch does not have the authority to deem any law unconsititional. Anyone that got through high school knows the judicial branch has that duty. Obama, and Holder are usurping the checks and balances that the constitution establishes to control power between the three branches.
Hopefully Boehner has the guts to follow through with this. The DOJ was allocated $3 billion in the 2010 budget for litigation. The House controls the purse strings....they should just vote to only fund the DOJ for $2.5 billion. Holder would have no say.
Joe, Really? Do you want the government waste any time or money on this issue? Who cares? As a married straight person, I don't give a rat's a$$ about this issue other than to say why should it just be straight people who are miserable?
We have much more pressing issues then this to worry about. How about the possibility of the price of gas hitting $5.00 a gallon by Memorial Day? Now that's alarming.
yeah who cares about freedom of religion and speech for those who disagree...thats what will be lost if gay marriage becomes the law of the land
How on Earth would freedom of religion and speech be lost if gay marriage is legal? Do you think they'd come around to every homophobe and cut their tounges out while buring your religious text of choice? Get real, Joe. Times are achangin' Deal with it.
devie,
Don't get me wrong...I am by no means a fan of DOMA. I feel it is more a religious issue and has no place being regulated by the government. But, that said, it is a law (currently) until the judicial branch of government deems that is not. The president does not have the authority to decide which laws he wants to defend and which he doesn't (although, if you look at Obama's record on handling illegal aliens, harassment at elections, healthcare, etc....he's doing exactly that).
imp: you mean like the catholic charities in MA who were driven out of business by the gays? or the doctor in CA who was sued by the gays and lost his freedom of speech and religion? or the photographer in new mexico?
get a clue.
I do not agree with the law. But as others have stated, I must agree with Mr. Boehner. The Department of Justice is required to work within and defend the law until changed.
How bout the government stay the hell out of the bedroom? Too many people are willing to make decisions for others. Just because you think your quaint definition of marriage should be the right one, don't try and shove it down someone else's throat. "But the Bible says..." I could care less what your little book tells You. Keep it to yourself.
obama doesnt seem to defend any law of the land. look at illegal immigration. we wont persue deportation of illegals unless they kill someone.
I now know what Other things the DOJ lawyers were doing. They were Shutting down Internet Poker Sites that's what they were doing!
Lawyers get paid all the time defending DOMA, it's called "Divorce Court"!
Speaker Boehner "hired" a Million Dollar Man/Lawyer to Block Gay Marriage, whos' Hourly Rate Is $900hr in the Private Sector and he's charging Boehner $500hr+up to and above $500, 000. The DOJ has plenty of lawyers & just how does this fit with th
Well, perhaps it is because the DOJ refused to do its job.
Or perhaps it's because "certain individuals" refuse to admit that the DOJ does not have to defend a law that it feels is unconstitutional. I MUST UPHOLD that law until the courts are in agreement (IF that ever happens); but the DOJ is not required to DEFEND the law.
Just remember: it cost the taxpayer $50+ million paid to Kenneth Starr to impeach Clinton. The Republicans revel in spending other people's money...and, in receiving other people's money.
Freaks !!!!
yeah the DOJ doesn't defend this law...or the border, or the laws against voter intimidation...if you're the right color...hoax and chains...
proof; Joe... empty accusations are just "b*tching" without facts...
REVEALED: Republican Speaker Boehner’s High-Pr
interesting getting the truth blocked about the contract Speaker has with this lawyer. His rate in the private sector is $900hr, and the contract is for up to $500,000 I would think this is important for the public to know/
All to block Gay Marriage
So, Boehner, about that Equal Protection Clause in the Constitution.....
Pandering to the base, priceless.
$500,000 to defend bigotry.
Hm, I vote that if Boehner and co want to fight for it, they can pay for it. Out of their own pockets. I don't endorse my taxes going to this waste of time.
So, the House wants to cut healthcare for the elderly, but doesn't mind spending $500K to defend a law that does absolutely nothing of benefit. Does DOMA create jobs? Improve the economy? No.
Amen :)
barry-nj see my above post #1.1
The cost of this farce should be borne by the budget of the Speaker. Maybe the Koch brothers will reimburse him. They don't want to pay benefits to same sex employees.
Oh yeah so we're all about cutting spending - EXCEPT when it's political spending that goes to support faaaaaar right wing causes. Then it's okay to spend. I am so sick of these liars on the right. Every one of them is a big fat hypocrite.
you mean like spending on planned parenthood? you fat lying hypocrite.
I've noticed people named joe have very little to add in an intelligentdiscussion (obviously an exaggeration, but looking at this forum makes me wonder). Planned Parenthood, by very conservative estimates SAVES society many times the amount of dollars spent on this program. So yes, spending money on PP is a good investment. DOMA provides no fiscal benifit to society and just costs us money. Add in that it's blatant injustice, and this should be a no brainer.
daryl: silly me, I forgot we are in fiscal-fantasy-land. While we are at it we should remove all taxes, because that will jump start the economy and then we won't have a deficit. Then we can really focus on important things, like saving America from immigration. Forget the fact that all research point to the fact that continuing immigration (within reason) is essential to the continuation of a healthy economy.
I know, Republicans believe in the power of prayer, right? Maybe they can just stop worrying about this and other social issues and just collectively pray for things to "get better"!!! I call that a win-win scenario.
I thought the goal was to decrease the deficit, not use my tax dollars against me.
Price tag to launder billions to George Soros via Brazil .... tweenty billion.
I'm pretty sure Boehner believes Grandma will understand that its necessary to cut her Medicare so he can use those funds to defend DOMA.. After all.. Its to "protect the children" and what grandma wouldnt be for that?
If Boner is involved he can go either way. They all look the same to him.
Boehner? Where are the JOBS??? That was your platform for your big GOP 'win'... Now you've decided it's all about social issues... JOBS, fella... JOBS!
Go check the last two months worth of jobs reports Lyn....400,000 jobs created in the private sector in the last two months.
They are doing that job quite well, and much better than the job destroying democratic congress before them did.
Um... Joe... There were no legislations to facilitate jobs creation during these months...
Finally Boehner creates a job. One job, one freaking job, for a $520 an hour lawyer. This is why the streets are filled with angry middle class voters in Madison and other cities. A lot of folks could give a crap about the birther BS, lower taxes, it is pure BS, and all those tired old social issues, BS to them. 11 million people are out of work and been so for two years, why worry about tax rates, if you cannot earn a paycheck. If Republicans keep up with the stupid issues from stupid canidates, and policy that does not benefit these working class people the Tea Party will be the least of their political problems.
Forrest you may want to check the last two months worth of jobs reports before getting critical. 400,000 jobs created between February and March in the private sector. That far exceeds the 250,000 temporary jobs that Obama created while costing the taxpayer a trillion dollars to do it.
Not sure what you define as middle class, but around here the streets are filled with angry middle class people sick to death of this president, his lack of spine and his ridiculous spending. Have you seen the lastest polls on his approval rating? Yes, the very vocal 7% of voters that are public union employees aren't happy....they're losing their taxpayer funded golden parachute....but there are a lot more of us non-union private sector employees that have to save and fund our own insurance, benefits and retirement....and we're tired of wasting taxes on overpaid unions when we're already funding OSHA, the Dept of Labor, Unemployment, Social Security and Medicare which all serve the same function.
People with good benefits, don't need to rely on medicaid and medicare to the extent that the non-union employees of whom many will retire with next to nothing. I am tired of subsidizing Wal-Mart employees health care while Alice Walton buys Picasos and sports teams. If the streets are as you say where you live then ask your your republican representative (public employee) why he gets a full pension for life after 5 years, before you acuse peolple who earn their pay and benefits everyday, and have to work for 3 decades or longer to collect a pension as having a "golden parachute". Tell your Republican Rep that just because you are non-union does not mean you should not get an employer provided pension plan, hell he does.
If the Department of Justice and the White House would do their job and defend the laws of the United States as they swore an oath to Boehner wouldn't have to hire a high priced attorney. BTW how much is the government paying to defend the terrorist in GITMO? Aren't most of those lawyers friends and ex-partners of Eric Holder? I have never read anything in the constitution that says the Department of Justice and the President only have to defend the laws they agree with.
I don`t think they care at all what most of us want, they know it`s wrong, but like Rush LIMPdi8* they laugh at us. They are devils all of them. They will lose in the end though, because when we are all broke and have nothing else to lose there will be fighting in the streets, and, they`ll go after the ones with the money. I think the worse criminals are the ones that have no reason to steal, they have enough already,but our society goes after the ones that steal out of desperation.
They want to demonize people who want health care and a modest pension in exchange for working everyday of their adult lives. They expect us to worship somebody that makes millions by pushing phony paper on wall street then cheating the government out of the taxes. I'm am supposed to beleive that huge profits and no taxes is patriotic. The republican businessman has sold the american worker and the USA down the river for a better profit margin by moving manufacturing (and now white collar jobs as well) offshore so they can pay slave wages and skirt taxes. It was never a case of them not making money, they just were not making enough. It is greed, it is about money, it is not patriotism. Be American Buy American, Stand up for yourself and the man next to you, get organized.
And I keep hearing, small business...small business, they can't create jobs if you raise taxes. Take an accounting 101 class, please! Employee wages are a non taxable expense, so get off the band wagon and learn how revenue and expenses actually work in a small business. I'm a small business owner and I would be delighted if I had $250,000 of personal income after my business expenses. I'd be happy to fork over 39% of my income for federal income taxes on my earnings above and beyond that!
This action should be funded totally by Boehner, McConnell and Cantor. These Republican leaders are forcing their religious beliefs onto America. Rick Perry is trying to get that done here in Texas.
Rudy - It was President Clinton, a democrat, that signed DOMA into law. The democrats had control of the congress (house and senate) plus the WH from Jan 2009 to Jan 2011, and did nothing to repeal the DOMA. So I guess the democrats should totally fund the action. BTW it has nothing to do with religious beliefs.
sfcret, if it has nothing to do with religious beliefs, then what does it have to do with? Most people that I have met that are not religious do not care who marries whom, more of a live and let live attitude. It is only the ones that hide behind their church that I have heard say DOMA is right.
andie: why do you want to take away the freedom of religion and speech for christians who disagree with gay marriage? we all know people like you would never dare do anything to the muslims.
let me guess you're a democrat...no surprise.
Should democratic gay muslims have any more or less rights than you?
Again joe, how does that even make any sense?!? DOMA doesn't effect religion in the least. Your church will still be perfectly able to denounce gay lifestyles and refuse to perform same sex marriage ceremonies. This just doesn't effect you in any way... unless you stay awake at night thinking about gay men together. If so, you have bigger problems dude.
Maybe you've heard of separation of church and state. That is what secular muslin countries are afraid of loosing right now, guess we have the same problems here. Christians who believe gay marriage is wrong can say it as much as they want, but it's going a bit too far when that ideology seeps into our government policies. Shia law isn't the only religious doctrine the Divided States of America need to be concerned about! The Constitution is supposed to protect individual freedoms here, and I do believe that civil unions are an individual freedom.
Imagine the tax dollars we could save if the Feds dealt with the things at fall under their auspices and left marriage laws and everything else not deemed as a federal issue by the constitution to the states. As defined by the constitution,,, bet we could balance the budget in a snap
I'm sure you feel the same way about abortion, right? congress has been involved in marriage laws since it outlawed polygamy...try history 101
Joe, that's exactly the point- the feds inserted themselves into marriage laws where they never should have. And yes, I feel exactly the same way about abortion. They never should have gotten involved.
Like I've said before...it's all about smaller government until it comes to governing perceived morality!
It costs money to defend legally enacted laws, especially when the DOJ refuses to do so. How much did the First Lady blow on her trips around the globe, and all we got was a fatter First Lady?
When are they ever going to start doing their jobs. Their election campaign promise was that they would create jobs. What is this issue doing to create jobs. Damn, if it isn't abortion, it's birther nonsense, not its gay marriage. When are they going to get on with the real issues.
Republicans promised to cut spending and create jobs. How defending DOMA accomplish that? Or create new jobs?
listen to the libs whine about jobs when you had 2 years to destroy as many jobs as possible. ask obama to cut regulations and taxes if you want to create jobs...just like his de-facto drilling ban in the gulf of mexico...or maybe obama could give loans to build an AMERICAN refinery....