Boehner: Make DOJ Pay DOMA Defense

Politico reports:

House Speaker John Boehner (R-Ohio) wants the Justice Department to pick up the tab for defending the Defense of Marriage Act in the wake of President Barack Obama's decision that the executive branch will no longer defend a portion of the 1996 law banning federal recognition of same-sex marriage.

Boehner sent House Minority Leader Nancy Pelosi (D-Calif.) a letter Monday asking her to support a reallocation of funds from the Justice Department to the House to cover the defense of the statute.

"The burden of defending DOMA, and the resulting costs associated with any litigation that would have otherwise been born by DOJ, has fallen to the House," Boehner wrote. "Obviously, DOJ’s decision results in DOJ no longer needing the funds it would have otherwise expended defending the constitutionality of DOMA. 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 Monday afternoon with a letter of her own asking Boehner to answer her questions about how much the defense is expected to cost.

"Unfortunately, your letter did not respond to the central question in my March 11th letter: the cost to taxpayers of hiring outside legal counsel," Pelosi wrote. "Again, I am requesting that you disclose the cost of hiring outside counsel for the 12 cases where DOMA is being challenged."

Pelosi also complained that Democrats were never officially informed of the decision to hire former Solicitor General Paul Clement to handle the DOMA defense, nor have they received a copy of a contract he has reportedly signed with the House Administration Committee.

Last month, the House convened a special panel to consider mounting a defense of DOMA. The group voted 3-2 along party lines to defend the law, which Obama has asserted is unconstitutional.