Craig Engle Answers FEC Ruling on Contributions from Gay Couples
Political Law partner Craig Engle was widely quoted in the Washington Post, Wall St. Journal, the Los Angeles Times, on NPR, and in dozens of news outlets across the country regarding the Federal Election Commission’s (FEC) response to an advisory opinion request filed by Arent Fox — The agency ruled that gay couples married under state law cannot give joint contributions to federal candidates in the same way straight married couples can.
The Post reported that, “in a somewhat emotional session, FEC commissioners lamented the fact they had no choice but to deny gay couples the same rights as straight ones, given the Defense of Marriage Act‘s legal requirements. Dan Winslow, a candidate in the primary for the open Massachusetts Senate seat, had requested the advisory opinion through his attorneys at Arent Fox.”
“Mr. Engle, sometimes the law’s an ass,” declared FEC chair Ellen L. Weintraub, during the session. Mr. Engle agreed, saying: “Sometime’s whats right is not legal — at least for now.”
Donald F. McGahn, II, the commission’s vice chair also stated: “We just can’t disregard DOMA, regardless of what we think of it.”
Mr. Engle told the Post that his client would likely raise the question again once the Supreme Court rules on the Defense of Marriage Act. FEC Commissioner Walther asked Mr. Engle to come back to the FEC if the Court strikes DOMA. “You can count on it.” Mr. Engle replied.
Mr. Engle concluded: “When Mr. and Mrs. Jones are treated one way and Mr. and Mr. Jones are not, then there’s a problem.”
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