Brody's Notes... House Speaker Set To Defend DOMA In Court Cases

John Boehner
Photo Courtesy Of NBC News

By Brody Levesque (Washington DC) MAR 4 | Speaker of the House of Representatives John Boehner announced Friday that he will lead the effort to defend the Defence of Marriage act in federal court taking over the legal responsibilities of arguing for the constitutionality of DOMA. Boehner said he would be convening a meeting of a Congressional Bipartisan Legal Advisory Group comprised of himself, House Majority Leader Eric Cantor (R-Va.), Majority Whip Kevin McCarthy (R-Calif.), Minority Leader Nancy Pelosi (D-Calif.) and Minority Whip Steny Hoyer (D-Md.).

Boehner said in a statement released Friday on his website:

“I will convene a meeting of the Bipartisan Legal Advisory Group for the purpose of initiating action by the House to defend this law of the United States, which was enacted by a bipartisan vote in Congress and signed by President Bill Clinton. It is regrettable that the Obama Administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy. The constitutionality of this law should be determined by the courts -- not by the president unilaterally -- and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution.”

During an interview last Sunday with CBN News in Nashville, Tennessee, the Speaker told CBN's Chief Political Correspondent, David Brody, that the administration's decision to no longer defend the Defense of Marriage Act in court stuck him as “raw politics” and said the president is “pandering to the other side on this issue.”

"It is regrettable that the Obama Administration has opened this divisive issue at a time when Americans want their leaders to focus on jobs and the challenges facing our economy," he said. "The constitutionality of this law should be determined by the courts -- not by the president unilaterally -- and this action by the House will ensure the matter is addressed in a manner consistent with our Constitution."

Former Speaker Pelosi said she would oppose Boehner's efforts, calling them "nothing more than a distraction." In a press release late Friday afternoon, Pelosi said:

"President Obama took a bold step forward for civil rights and equality when he announced that the federal government would no longer argue to uphold the Defense of Marriage Act in court.

This legislation has long raised constitutional questions and has long been viewed as a violation of the equal protection clause. That’s why I voted against it on the floor, and that’s why I oppose Speaker Boehner’s effort to put the House in the position of defending this indefensible statute.

Aside from standing up for a discriminatory law and failing to focus on jobs and the economy, this action places Republicans squarely on the wrong side of history and progress. In addition, this decision will burden the staff and monetary resources of the Office of the General Counsel, and given the complexity of these cases and the number of courts involved, it is likely this will cost the House hundreds of thousands of taxpayer dollars.

This is nothing more than a distraction from our most pressing challenges, and Speaker Boehner should follow his own advice and work with Democrats to create jobs, strengthen the middle class, and responsibly reduce the deficit."

Note: The Bipartisan Legal Advisory Group is a five-member panel consisting of the Speaker of the House, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Under House rules, the advisory group has the authority to instruct the non-partisan office of the House General Counsel to take legal action on behalf of the House of Representatives.