ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Human Resources

Texas District Court Enjoins DOL’s FMLA Same-Sex Spouse Rule

April 8, 2015
Reading Time: 2 mins read

On March 16, we advised readers that in February, the Department of Labor had finalized a rule providing that workers in legal, same-sex marriages, regardless of where they live, would now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act to care for a spouse with a serious health condition. The final rule was to take effect on March 27. However, on March 26, the rule was preliminarily enjoined by a Texas federal district court.

DOL’s final rule change updated the regulatory definition of “spouse” in the Family and Medical Leave Act in keeping with the U.S. Supreme Court‘s ruling in United States v. Windsor. Under the final rule, an eligible employee in a legal same-sex marriage will be able to take FMLA leave for his or her spouse regardless of the state in which the employee resides. Previously, the regulatory definition of “spouse” did not include same-sex spouses if an employee resided in a state that did not recognize the employee’s same-sex marriage. Under the new rule, eligibility for federal FMLA protections is based on the law of the place where the marriage was entered into. This “place of celebration” provision allows all legally married couples, whether opposite-sex or same-sex, to have consistent federal family leave rights regardless of whether the state in which they currently reside recognizes such marriages.

The states of Texas, Arkansas, Louisiana and Nebraska sued DOL arguing that those states do not recognize same-sex marriages. The plaintiffs argued that the FMLA rule, by requiring state agencies to recognize employees’ same-sex marriages for FMLA purposes, violated those states’ own laws and constitutional provisions, which require that marriage be between one man and one woman. In its injunction, U.S. District Court Judge O’Connor said that the public has “an abiding interest” in protecting state laws from “federal encroachment.” In issuing its order, Judge O’Connor barred DOL from enforcing the rule pending a final ruling on the merits of the states’ claims. It is unclear whether DOL will attempt to enforce the law in states beyond the four plaintiff states.
The ruling is temporary, not final. The judge ruled that the plaintiffs had shown a substantial likelihood that they would prevail and that they would be irreparably harmed if the rule were allowed to go into effect. DOL has asked the court to reconsider its decision, and the oral argument on this request has been set for April 13.

Whatever the outcome of this rule, it may be moot depending on the Supreme Court’s decision in the four same-sex marriage cases it will decide this term. Stay tuned.

Tags: Employee benefits
ShareTweetPin

Related Posts

ABA urges FinCEN to reevaluate BOI collection burden on banks

FinCEN updates guidance for financial institutions on sharing information about fraud

Compliance and Risk
June 12, 2026

FinCEN issued an updated fact sheet to clarify how financial institutions can share information with each other about suspected fraud under the provisions of the USA PATRIOT Act.

Reports explore information exposure, costs of data breaches

Report: Software vulnerabilities become top vector for data breaches

Compliance and Risk
June 12, 2026

Exploitation of software vulnerabilities has become the most common initial access vector for data breaches, according to the most recent Data Breach Investigations Report by Verizon.

ABA Data Bank: Supply improvements in the pilot’s seat

ABA DataBank: A tale of two cabins

Economy
June 12, 2026

The K-shaped economy is increasingly visible in airline ticket purchasing patterns.

Agencies propose anti-money laundering, sanctions requirements for stablecoin issuers

ABA urges OCC to coordinate with other regulators on stablecoin

Newsbytes
June 12, 2026

The OCC needs to coordinate with other federal agencies to ensure that all stablecoin issuers are subject to the same regulatory expectations, ABA said.

Fed report: Rising concerns about global conflict, gas prices

ABA DataBank: Preliminary consumer sentiment rebounds slightly in June

Economy
June 12, 2026

Historically low consumer sentiment has not resulted in a decline in consumer spending. Sustained weakness could mean softening demand for consumer credit heading into the second half of the year.

FDIC issues final special assessment to recover Deposit Insurance Fund losses

Senate Democrats urge Trump to fill vacancies at FDIC, SEC

Newsbytes
June 11, 2026

In a new letter, the Democratic members of the Senate Banking Committee criticized President Trump for not nominating any Democrats to the boards of the FDIC and other financial regulators, arguing the administration is defying decades of bipartisan...

NEWSBYTES

FinCEN updates guidance for financial institutions on sharing information about fraud

June 12, 2026

Report: Software vulnerabilities become top vector for data breaches

June 12, 2026

ABA DataBank: A tale of two cabins

June 12, 2026

SPONSORED CONTENT

Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

AI Is in Your Bank. Is Your Cloud Contract Governing It?

May 20, 2026

PODCASTS

Podcast: Understanding bank regulators’ guidance on illegal immigration

June 11, 2026

Podcast: Creating a feeling of welcome, for customers and new bankers

May 28, 2026

Podcast: How consumer deposits drive full relationship banking

May 14, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.