Thursday, U.S. District Judge Reed O’Connor ruled against a policy change allowing legally married same-sex couples in non-marriage equality states to exercise their rights under the Family and Medical Leave Act. The ruling blocks a recent rule change to the Family and Medical Leave Act (FMLA) from the Department of Labor (DOL). Judge O’Connor’s decision prevents legally married same-sex couples in Texas from exercising their FMLA rights.
Because of the Supreme Court of the United States’ decision in United States v. Windsor, DOL made a policy change from a “state of residence” rule to a “place of celebration” rule regarding marriage recognition. This change allows legally married same-sex couples access to their FMLA benefits no matter what state they live in. The DOL announcement stated: “The Final Rule amends the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. This will ensure that the FMLA will give spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights.”
The state of Texas sued the federal government claiming this rule change violated their right to discriminate against same-sex couples and would force them to recognize legal marriages of same-sex couples from other states.
“No legally married same-sex couple should be denied family leave simply because they happen to live in a state that fails to respect their marriage,” said HRC Legal Director Sarah Warbelow. “Because of Judge O’Connor’s decision, countless legally married same-sex couples in Texas are now unable to access to their federal FMLA benefits. With a pending Supreme Court decision on nationwide marriage equality this summer, we are confident that justice will ultimately prevail.”
