Boehner asks Pelosi to join him in cutting funds from the DoJ to defend DOMA

Speaker John Boehner asked House Democratic Leader Nancy Pelosi's for her support to cut funds for the Department of Justice and use them to defend the Defense of Marriage Act.

In a letter sent to Pelosi (D-Calif.) Monday, Boehner (R-Ohio) wrote that the funds Justice would have used to protect the law should be used by the Bipartisan Legal Advisory Group (BLAG) to protect the act.

"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."

The speaker also argued the funds Justice would have used to defend DOMA should be used by BLAG so that taxpayers aren't burdened with the additional expenses.

Boehner's letter comes roughly a month after Pelosi sent one to Boehner asking how much it would cost to defend challenges to the Defense of Marriage Act, which blocks the federal government from recognizing same-sex marriages. A few days before Pelosi sent her letter, the House Bipartisan Legal Advisory Group authorized the House general counsel to retain outside counsel to defend DOMA. That authorization came after President Obama called DOMA unconstitutional and announced the Department of Justice would no longer defend it.

The speaker noted in his letter that Justice is better equipped to defend the law, but since the administration decided not to defend it, the House has to.

"I appreciate that ordinarily DoJ should be in a better position to defend a federal statute in the courts, both in terms of resource allocations and in expertise of personnel," Boehner wrote. "However, by the president’s action through the Attorney General we have no choice; the House now faces that additional burden and cost."

On Monday Boehner appointed former Bush administration Solicitor General Paul Clement to defend DOMA on behalf of the BLAG and Congress.

Read the letter below: