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

Consumer Sentiment declined in April

Consumer sentiment falls in October

Economy
October 9, 2026

The University of Michigan Consumer Sentiment Index decreased 3.7% in October compared to the month prior, landing at 46.3, according to preliminary results for the month.

Personal income increased in February

Fed survey finds increase in family income, financial stress

Economy
October 9, 2026

While most U.S. families experienced moderate increases in income and net worth in recent years, the share of families experiencing financial stress also grew, the Federal Reserve said in its triennial Survey of Consumer Finances.

ABA, associations seek data behind FHFA credit score modernization effort

FHA formalizes use of alternative credit scoring models

Mortgage
October 9, 2026

FHA published a mortgagee letter to formalize the use of VantageScore 4.0 and FICO Score 10T alongside Classic FICO to assess the creditworthiness of single-family mortgages, with the new policy taking effect at the start of the coming...

Report: More states creating restrictions on crypto ATMs

Crypto exchange agrees to shut down ‘crypto ATMs’ as part of settlement

Compliance and Risk
October 8, 2026

The cryptocurrency exchange Coinme has agreed to close down its virtual currency kiosk operations in multiple states as part of a settlement with 34 state financial regulatory authorities over alleged Bank Secrecy Act and anti-money laundering violations, according...

Consumer credit increased in March

Fed: Consumer credit increased 1.9% in August

Economy
October 8, 2026

Consumer credit increased at a seasonally adjusted annual rate of 1.9% in August, according to the Federal Reserve. Revolving credit decreased at an annual rate of 4.2%, while nonrevolving credit increased at an annual rate of 4.1%.

Mortgage rates fall

Mortgage rates rise

Economy
October 8, 2026

The rate for a 30-year fixed-rate mortgage was 7.4% this week. The rate for a 15-year fixed-rate mortgage was 6.73%.

NEWSBYTES

Consumer sentiment falls in October

October 9, 2026

Fed survey finds increase in family income, financial stress

October 9, 2026

FHA formalizes use of alternative credit scoring models

October 9, 2026

SPONSORED CONTENT

The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026

PODCASTS

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

Podcast: Creating seamless customer experiences

September 30, 2026

Podcast: Telling a different kind of story about community banks

September 28, 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.