133 House Members Sign Brief Challenging DOMA

133 Democratc congressmembers signed their names to a brief filed before the 1st U.S. Circuit Court of Appeals in the case of Gill v Office of Personnel Management in which the central question is whether the  so-called Defense of Marriage Act (DOMA) is unconstitutional.

The case was brought (and won) by Gay and Lesbian Advocates and Defenders before U.S. District Court judge Joseph Tauro in July 2009. The Department of Justice appealed the decision, but then in February 2011 the United States changed sides in the case after the President determined that DOMA is inherently unconstitutional and laws that discriminate on the basis of sexual orientation warrant heightened scrutiny.

DOMA is being defended in federal court by superlawyer Paul Clement for BLAG, the Bipartisan Legal Advisory Group, on behalf of the U.S. House Republican majority.

Hat/tip to Joe.My.God

Boehner Triples Budget For DOMA Legal Defense

Speaker of the House John Boehner (R-OH)

This is pretty astonishing news. While Republicans are repeatedly bloviating about cutting Medicare and Social Security and reducing the size ofthe federal government, that doesn't apparently apply to defending homophobic laws in court.

Joe.My.God reports that the the "Bipartisan Legal Advisory Group" (which is controlled by the Republican House majority) has authorized a new contract with super-lawyer Paul Clement which triples the potential cost of defending the so-called Defense of Marriage Act in federal court.

Talking Points Memo has the details:

House Republican leaders have tripled theamount allocated for a legal team arguing in support of the Defense of Marriage Act (DOMA) from $500,000 to $1.5 million of taxpayer money.

A modified contract between the General Counsel to the House of Representatives and former Solicitor General Paul Clement of Bancroft PLLC sets a cap of $750,000 which can be raised up to $1.5 million.

"It is absolutely unconscionable that Speaker Boehner is tripling the cost for his legal boondoggle to defend the indefensible Defense of Marriage Act," Drew Hammill, a spokesman for Democratic Leader Nancy Pelosi, said in a statement.

"At a time when Americans are hurting and job creation should be the top priority, it just shows how out of touch House Republicans have become that they would spend up to $1.5 million dollars to defend discrimination in our country," Hammill continued.

It should be noted that the Obama administration has concluded that DOMA is unconstitutional and is no longer defending it in court. DOMA has been declared unconstitutional by at least three federal judges this  year, in cases which are still under appeal.