Pennsylvania U. S. Rep. Bob Brady (D-First Dist.) is among a contingent of legislators pressing Republican House leaders on their efforts to defend the federal ban on same-sex marriage.
Brady, along with Reps. Zoe Lofgren (D-Calif.) and Charles Gonzalez (D-Texas) — the three Democratic members of the Committee on House Administration — last month sent a letter to House Speaker John Boehner, urging transparency in the Congressional backing of the Defense of Marriage Act.
“As members of Congress, we have a sworn responsibility to protect the rights of all of our citizens,” Brady said in a statement to PGN this week. “Defending this discriminatory legislation not only flies in the face of that responsibility, but it does a grave disservice to the LGBT community, which is simply seeking access to the same rights and privileges enjoyed by all Americans. I will use every tool at my disposal to oppose this action and the use of taxpayer resources to perpetuate discrimination and hatred.”
The Bi-Partisan House Legal Advisory Group, led by Boehner, voted earlier this year to intervene in several pending legal challenges that question the constitutionality of DOMA, after President Obama and Attorney General Eric Holder decided the administration would discontinue its defense of the law. The contract for the cases was originally awarded to King & Spalding but the firm later withdrew, and the contract was given to Bancroft.
According to Brady and his cosignatories, however, that contract may constitute a violation of the Anti-Deficiency Act “by improperly committing taxpayer funds without appropriate authorization.”
The $500,000 contract includes a rate of $500 an hour for attorneys’ fees, along with a 25-percent discount for non-attorney time — an allowance Brady’s letter noted was not cleared by the Committee on Ethics by the House General Counsel.
“The failure to consult the Committee on Ethics raises questions about how the blended rate was developed,” the letter stated. “We request you instruct the General Counsel to furnish the Committee a list of the hourly rate paid each employee of the Bancroft firm working on the litigation and an explanation on how the blended rate was calculated.”
The letter, sent May 18, also questions why the Democratic members of the committee, which oversees the House’s daily operations, along with the Democratic members of the Bi-Partisan Legal Advisory Group, were not advised of the selection of Bancroft or given the opportunity to review the contract.
Boehner’s office did not respond to a call for comment.
The Democratic contingent also sent a letter to Boehner April 26 questioning the DOMA contract, in addition to letters to Congresswoman Nancy Pelosi (D-Calif.) issued April 18 and 20, all of which went unanswered.
The latest memo requested Boehner responded to the lawmakers’ concerns “without further delay.”
“The American people deserve a fuller explanation about the circumstances surrounding the decision to spend $500,000, and most likely much more, of their tax dollars to defend this indefensible statute,” the lawmakers stated.
As of presstime, the letter was not answered.
Jen Colletta can be reached at [email protected].