Texas Attorney General Ken Paxton is challenging the Obama administration on a new rule that would allow married same-sex couples to be eligible for the Family & Medical Leave Act, even in states that don’t recognize their unions.
In a statement on Wednesday, Paxton said the lawsuit is “about defending the sovereignty of our state,” which has a state cons utional amendment banning same-sex marriage.
“The newly revised definition of ‘spouse’ under the FMLA is in direct violation of state and federal laws and the U.S. Cons ution,” Paxton said. “Texans have clearly defined the ins ution of marriage in our state, and attempts by the Obama Administration to disregard the will of our citizens through the use of new federal rules is uncons utional and an affront to the foundations of federalism.”
According to the news statement, Paxton is also advising Texas employers to defy the Obama administration and follow state law, not the federal rule, as it pertains to FMLA.
After the Supreme Court ruled against the Defense of Marriage Act in 2013, the Obama administration sought to extend the federal benefits of marriage to the furthest extent possible under the law.
But FMLA by regulation looked to the state of residence, not the state of celebration, to determine whether a couple is married, so for a time married same-sex couples in non-marriage equality states were ineligible for benefits under that law, which enables an individual to take time off from work to care for a spouse.
The new rule,
made final by the Labor Department last month and set to take effect March 27, changes the regulatory framework to ensure these benefits are available to married same-sex couples regardless of their state of residence.