In the midst of the heated “fiscal cliff” debate, House Republicans voted Jan. 2 to spend even more money on defending the Defense of Marriage Act (DOMA), the current federal ban on same sex marriage
According to the Huffington Post, a GOP source reports that during a closed-door meeting of the House Republican Conference, lawmakers approved a 113th Congress rules package that allows the Bilateral Legal Advisory Group (BLAG), the House legal team, to continue to sink money into paying outside attorneys to fight a repeal of DOMA in court. The proposed rules also state that BLAG will keep officially speaking for the House when it comes to their stance on DOMA. These rules are expected to pass the full House today, when 113th Congress begins.
HRC Legislative Director Allison Herwitt released a statement in response:
“In their very first act of the 113th Congress, House Republican leaders have written their commitment to their multi-million-dollar defense of the discriminatory Defense of Marriage Act into the Rules of the House. It is particularly disappointing that this historic Congress – with the largest-ever class of openly lesbian, gay and bisexual Members and same-sex congressional spouses – has begun with a vote that disrespects those new Members and all LGBT Americans.”
The Huffington Post published a copy of the draft language:
(1) CONTINUING AUTHORITY FOR THE BIPARTISAN LEGAL ADVISORY GROUP.
(A) The House authorizes the Bipartisan Legal Advisory Group of the 113th Congress —
(i) to act as successor in interest to the Bipartisan Legal Advisory Group of the 112th Congress with respect to civil actions in which it intervened in the 112th Congress to defend the constitutionality of section 3 of the Defense of Marriage Act (1 U.S.C. 7) or related provisions of titles 10, 31, and 38, United States Code, including in the case of Windsor v. United States, 833 F. Supp.2d 394 (S.D.N.Y. June 6, 2012), aff’d, 699 F.3d 169 (2d Cir. Oct. 18, 2012), cert. granted, No. 12 (Dec. 7, 2012), cert. pending No. 12 ’63 (July 16, 2012) and 12-ll (Dec.___2012);
(ii) to take such steps as may be appropriate to ensure continuation of such civil actions; and
(iii) to intervene in other cases that involve a challenge to the constitutionality of section 3 of the Defense of Marriage Act or related provisions of titles 10, 31, and 38, United States Code.
(B) Pursuant to clause 8 of rule II, the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears, including in Windsor v. United States.
HuffPo’s source noted that the above language is new. House Republicans have defended DOMA since February of 2011, when the Obama administration announced it would no longer enforce the ban on marriage equality. According to the Huffington Post, the House has already spent at least $1.5 defending DOMA.
