Did Boehner Break Spending Law with Plan to Defend DOMA?

A citizens' group has accused Speaker of the House John Boehner of breaking the law in his zeal to defend an anti-gay law from 1996 in federal court. But a spokesperson for Boehner says that the group is politically motivated, and the Speaker has not violated the law, according to a June 14 article at The Raw Story.

The law in question is the Antideficiency Act, which bans the spending of money that a government agency does not have. The law includes language banning "creating or authorizing an obligation [or expending] any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law."

The watchdog organization, Citizens for Responsibility and Ethics in Washington (www.citizensforethics.org), says that Boehner violated that law when he hired a private lawyer, to the tune of at least half a million dollars, to defend the so-called "Defense of Marriage" Act (DOMA) in federal court, where the law faces at least ten challenges.

DOMA targets gay and lesbian families for exclusion from any form of legal recognition on a federal level. The law also purports to allow states to ignore marriages granted in other jurisdictions, in spite of the Constitution's "full faith and credit" clause, which stipulates that contracts and other legal obligations entered into in one state must be honored by all the other states.

DOMA's effects impact gay and lesbian families in a myriad of ways, from placing additional financial burdens on same-sex families to imposing heart-breaking obstacles on bi-national single-gender couples, who are prevented by the law from exercising immigration-related rights that are equal to those enjoyed by their heterosexual peers.

Last year, a federal court judge found that part of DOMA is unconstitutional. More recently, a bankruptcy court also found DOMA to be in violation of constitutional protections. The Obama administration announced earlier this year that the Justice Department would no longer defend DOMA in federal court, due to questions about the law's Constitutionality.

Boehner subsequently announced a plan for the House of Representatives to defend the anti-gay law using taxpayer money to hire a private attorney. The fees for the lawyer -- capped at $500,000, though with a provision to exceed that limit if need be -- were meant to come out of the Justice Department's budget.

But critics of the plan note the cap's easily-surpassed nature and worried that the total fees could run into the tens of millions.

CREW claimed that Boehner's plan meant taking more money from the Office of General Cousel than was available in its budget, the Raw Story article said.

"With more than two-thirds of the fiscal year having passed, the office will not have sufficient funds to pay for both its remaining salaries and expenses and the DOMA defense," the complaint lodged by CREW said.

CREW leader Melanie Sloan issued sharp criticism of Boehner, as well.

"It is ironic that Speaker Boehner -- a fierce critic of government overspending -- did not hesitate to pledge half a million dollars he does not have to defend a law of dubious constitutionality," said Sloan. "Speaker Boehner has vowed to end deficit spending and usher in a new era of government fiscal austerity, warning Americans we need to make do with less. But apparently, the House leadership can continue freely spending money it doesn't have.

"This is yet another case of do as I say, not as I do," Sloan added. "No wonder the public is so cynical about politics."

A spokesperson for Boehner, Michael Steel, bit back with a tart response.

"This 'complaint' is off-base and stupid to the point that it creates the appearance of partisanship by CREW," declared Steel.

"The Speaker expects any cost to be recouped from the Obama Administration Justice Department, which should be defending the law in court. The 'anti-deficiency act' has nothing to do with this situation, as anyone with a basic grasp of the law knows."

CREW filed its complaint on June 14. Were Boehner to be charged with breaking the Anti-Deficiency law, tried, and convicted, he could face up to two years in prison, the article said.