'This action ... will ensure that this law’s constitutionality is decided by the courts,' said Boehner. House GOP moves to defend DOMA

House leaders Wednesday took a key step Wednesday that will allow the House to defend in court a law that defines marriage as between a man and a woman, which the Obama Justice Department has said is unconstitutional will no longer defend.

A panel made up of Democratic and Republican House leaders, called the Bipartisan Legal Advisory Group, directed the House general counsel to “initiate a legal defense of” the Defense of Marriage Act, Speaker John Boehner (R-Ohio) said in a statement late Wednesday afternoon. The bipartisan panel infrequently rules in cases like this.


The decision by the panel allows the House’s legal team to intervene when the Department of Justice doesn’t defend DOMA in court, an act that could rack up legal bills for the House, and is almost sure to add another wrinkle in the fight to peel back the law.

“This action by the House will ensure that this law’s constitutionality is decided by the courts, rather than by the president unilaterally,” Boehner said in the statement.

Boehner, of course, is referring to the Obama administration’s recent decision to direct the Justice to Department to stop defending DOMA, which was signed by former President Bill Clinton. It was a major victory for proponents of same-sex marriage and forced House Republicans into social issues while they were trying to stick to a message of cutting spending and aiding the hobbling economy.

According to a Democratic leadership aide, House counsel Kerry Kirchner said it would “not be inexpensive” to defend DOMA.

House Minority Leader Nancy Pelosi (D-Calif.) and Minority Whip Steny Hoyer (D-Md.) opposed Boehner’s decision.

Pelosi said the Republicans’ decision would “sap hundreds of thousands of taxpayer dollars, if not more, during a time of limited fiscal resources.”

“Pursuing this legal challenge distracts from our core challenges: creating jobs, strengthening the middle class, and responsibly reducing the deficit. And that is why I voted against this action today,” Pelosi said in a statement.