House Reaffirms DOMA

Yesterday the U.S. House meaninglessly voted 248-175 to affirm DOMA as the law of the land. The Human Rights Campaign notes:

“This amendment is completely unnecessary and only serves to cloud the debate over ‘Don’t Ask, Don’t Tell’ repeal by pointlessly injecting the issue of marriage equality into the conversation. Since Pentagon officials have made it clear that they are bound by DOMA like every other federal agency, it’s puzzling why Rep. Foxx would question whether our military leaders understand this point. “House Republican leaders seem to have no end to their desire to play politics with lesbian, gay, bisexual and transgender people instead of tackling real problems. It will be up to the Senate to reject the House’s return to using LGBT Americans as a wedge issue.”

CNN On Gay Deportations

And the recent good news on that front.

Elaine Donnelly On DOMA & DADT

Elaine Donnelly of the anti-gay Center for Military Readiness is backing a bill that bans federal policy changes that violate DOMA.

"The reason this [amendment] is necessary is because the Department of the Navy, in particular, has already signaled that contrary to assurances given to Congress, they are quite prepared to start conducting same-sex marriages on military bases -- which would, for the sake of consistency, lead to the extension of benefits to these same-sex couples," says Donnelly." And the Defense of Marriage Act would preclude that, she argues. "In fact, the extension of benefits to same-sex couples on the same basis as opposite-sex couples probably could blow a hole in the Department of Defense budget."

The bill, coauthored by wingnut GOP Rep. Virginia Foxx and GOP Rep. Dan Burton, has no real shot of passage in the Senate.

FRC Issues "Emergency" DOMA Plea

Embiggen the above image and taste the desperation!

CALIFORNIA: Three Marines Face Charges In Alleged Marriage Scam

Three Marine corporals stationed at Camp Pendleton are facing charges over allegedly sham marriages created in part, those charged say, to evade the restrictions of DOMA.

The scam was hatched when a lesbian couple, one a Marine and the other a civilian, decided to live together off base, according to 1st Lt. Maureen Dooley, a Marine spokeswoman at Camp Pendleton. The female Marine found a male Marine willing to get married, allowing them to collect a $1,200 housing benefit, Dooley said. The civilian woman also eventually married a male Marine and collected government funds, according to officials.

The corporals, assigned to the 3rd Marine Aircraft Wing at Camp Pendleton, will face fraud and larceny charges, Dooley said, adding that other charges could come later. It was not clear whether the civilian woman would face charges, but the military would not have jurisdiction in such a case, Dooley said. "It doesn't matter what their sexual preferences are, if they're violating the law and making fraudulent use of government money, they will be held accountable," Dooley said. In addition to the charges, the three Marines could have to pay back $75,000 to the military.

The female Marine, Cpl. Ashley Vice, told San Diego's KGTV-TV Friday that she and her partner, Jaime Murphy, were forced to enter sham marriages because the military does not provide allowances for unmarried couples and they couldn't afford to live off base without the extra money. She and her partner only wanted to "be a family," Vice said.

Only legally married military couples are eligible for the housing allowance. Thanks to DOMA, that will not change even with the repeal of DADT. The three Marines face a year in jail.

(Tipped by JMG reader Bill)

Group: Boehner broke the law by spending $500,000 to defend DOMA

By David Edwards

The watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint Tuesday against House Speaker John Boehner (R-OH), alleging that he violated the law and House rules by agreeing to pay an outside law firm $500,000 to defend the Defense of Marriage Act (DOMA).

In the complaint filed with the Office of Congressional Ethics (OCE), CREW charged that Boehner had violated the Antideficiency Act, which prohibits "making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law," according to the Government Accountability Office (GAO).

"It is ironic that Speaker Boehner -- a fierce critic of government overspending -- did not hesitate to pledge half a million dollars he does not have to defend a law of dubious constitutionality," CREW Executive Director Melanie Sloan said in a statement. "It seems the speaker believes fiscal responsibility starts at home, but not in the House."

"Speaker Boehner has vowed to end deficit spending and usher in a new era of government fiscal austerity, warning Americans we need to make do with less. But apparently, the House leadership can continue freely spending money it doesn’t have," she added. "This is yet another case of do as I say, not as I do. No wonder the public is so cynical about politics."

The Speaker's office responded by accusing CREW of targeting Republicans.

"This 'complaint' is off-base and stupid to the point that it creates the appearance of partisanship by CREW," Boehner spokesman Michael Steel said in a statement. "The Speaker expects any cost to be recouped from the Obama Administration Justice Department, which should be defending the law in court. The 'anti-deficiency act' has nothing to do with this situation, as anyone with a basic grasp of the law knows."

In February, President Barack Obama decided that a key section of the DOMA, legislation passed by Congress in 1996 that defines marriage as a legal union between one man and one woman, was unconstitutional. The law prohibits legally married same sex couples from receiving federal benefits.

After declaring it unconstitutional, Obama ordered the Department of Justice to stop defending the law in court.

Boehner first contracted with the law firm King & Spalding to continue defending at least 10 DOMA cases, but they backed out under pressure from the public. Bancroft, PLLC was later retained to defend the law.

The $500,000 contract represents more than 35 percent of the Office of General Counsel's budget. "With more than two-thirds of the fiscal year having passed, the office will not have sufficient funds to pay for both its remaining salaries and expenses and the DOMA defense," according to the complaint (PDF).

Boehner could face a fine of $5,000 and two years in prison if found guilty of violating the Antideficiency Act.

GOP-tapped law firm backs out of DOMA defense

By Sahil Kapur

WASHINGTON – The law firm tapped by House Republicans to defend the Defense of Marriage Act abruptly backed out of the case on Monday, citing an "inadequate" vetting process for the engagement.

"Today the firm filed a motion to withdraw from its engagement to represent the Bipartisan Legal Advisory Group of the House of Representatives on the constitutional issues regarding Section III of the 1996 Defense of Marriage Act," said King and Spalding Chairman Robert D. Hays, Jr. in a statement published byPolitico's Ben Smith and The Huffington Post's Amanda Terkel. "Last week we worked diligently through the process required for withdrawal."

"In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate. Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created," Hays said.

King and Spalding partner Paul Clement, the Bush administration's former solicitor general, was recently tapped by House Republicans to defend the controversial 1996 law that defines marriage as a union between a man and a woman. The firm faced pushback from LGBT activist groups who view DOMA as discriminatory and organized protests outside its Atlanta office.

The contract the firm signed with House Republicans, revealed last week, showed Clement and his colleagues would have been able to charge up to $520 an hour for the defense for a total of up to $500,000.

The Obama administration announced in February that it would no longer uphold the law.

UPDATE: Clement has resigned from King and Spalding, specifically citing the firm's decision to withdraw from the DOMA defense. In a letter to Hays first published by Politico, Clement wrote:

"I resign out of the firmly held belief that a representation should not be abandoned because the client's legal position is extremely unpopular in certain quarters. Defending unpopular clients is what lawyers do... I recognized from the outset that this statute implicate very sensitive issues that prompt strong views on both sides. But having undertaken the representation, I believe there is no honorable court for me but to complete it."