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House Democrats to Boehner: Mr. Speaker, your DOMA attorney is out of line

Monday, September 26, 2011

WASHINGTON — Six Democratic lawmakers on Monday sent U.S. House Speaker John Boehner (R-Ohio), a letter reiterating their request for a briefing on the efforts of the law firm hired by the Speaker to defend the Defense of Marriage Act in several ongoing federal court challenges.

John Boehner

The lawmakers also criticized former U.S. Solicitor General Paul Clement’s handling of the case, challenging some of the arguments he has offered in court as factually incorrect or a distortion of research.

Representative Jerrold Nadler (D-N.Y.), chief sponsor of the House DOMA repeal legislation, along with fellow Reps. John Conyers (D-Mich.), Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.), and David Cicilline, (D-R.I.), wrote that Clement does not represent their viewpoint and is misrepresenting scientists that he has cited in federal legal filings.

“It is incumbent upon all lawyers — especially those paid for by taxpayers and responsible for representing a branch of our government — to undertake representation in an objective manner that is factually and legally supportable. Unfortunately, the outside counsel that you have retained have filed pleadings containing arguments and assertions that are troubling and appear to fall short of this standard.”


“As Members who believe that DOMA is unconstitutional and support the President’s decision to stop defending it, we believe that the law is not factually or legally justifiable and we’re interested in hearing what arguments might possibly be made in its defense.”

DOMA prevents federal recognition of same-sex marriages and allows states to independently refuse to recognize them even if legally performed in other states.

Clement has argued that gay and lesbians are inferior parents, being gay is a choice, and LGBT people aren’t regularly victims of discrimination therefore should not be a constitutionally protected class.

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8 more reader comments:

  1. They say we shouldn’t be classified as a protected class bc we don’t get discriminated ? Then what the hell are they doing?

    Posted on Monday, September 26, 2011 at 6:52pm
  2. We need a Defense from Republicans Act.

    Posted on Monday, September 26, 2011 at 6:55pm
  3. I am in a binational relationship, if anyone has any advice on how i can get her here message me :/

    Posted on Monday, September 26, 2011 at 6:56pm
  4. “Boner” is a dumbass to begin with.

    Posted on Monday, September 26, 2011 at 6:56pm
  5. Get rid of DOMA already!!! Gay marriage should be legal already in this country. It is 2011.

    Posted on Monday, September 26, 2011 at 7:14pm
  6. DROP KICK. DOMA…and Bonehead !!! These jerks should be working on the budget. Legal action of some sort should be taken against the GOP for placing their social prejudices over bipartisan solutions to economy. Obama….shut them down now !!!

    Posted on Monday, September 26, 2011 at 8:30pm
  7. This is one of the most inheriently useless laws on the books.

    Posted on Monday, September 26, 2011 at 8:55pm
  8. Is this article meaning the Judge handling the DOMA case(S) mentioned are not qualified to see Clement is “misrepresenting scientists”? Does this mean the Judge is not qualified to “hear” this case from a legal standpoint? Ridiculous allegations. Why would Boehner stoop down to the level of this article and those Democrat congresspeople trying to rule as a minority? DOMA was passed by a lot more congresspeople, and they expressly said State marriages in one State do not force other States to recognize those marriages. Marriage is therefore a State definition. That was watered down the significance of marriage, making it simply what a State decides it should be (for its own State). Now, being married does not carry a national significance. It is no longer an absolute significance. At the federal level, it is another matter. And DOMA is there to stay. Congressmen beat you geese (not guys, not gals) to the punch. Get REal.

    Posted on Saturday, October 1, 2011 at 7:40pm