Same Sex Marriage Reform Laws: President Obama Extends Family Leave to Gay Couples
As part of the fallout from the Supreme Court ruling on DOMA, the federal government has scrambled to fulfill the ruling's decision and change the various laws and regulations affected by it.
President Obama announced on Friday that he will pass an executive order that will grant gay couples family leave privileges. Though gay married couples in states that have legal same-sex marriage do enjoy these privileges, those living in what are referred as non-recognition states do not. However, the presidential executive order would remedy that inconsistency.
The Family and Medical Leave Act (FMLA) will go into effect for all married couples in all 50 states. According to Reuters, the president has told the Department of Labor to propose a new rule that will expand the law to same-sex married couples in all states.
The Windsor decision by the Supreme Court led to the Justice Department to review the more than 1000 regulations and laws affected by the ruling. The Labor Department will change the definition of "spouse" in the law to broaden its application. This will give gay married couples the privilege of unpaid job-protected leave.
"Under the proposed revisions, the FMLA will be applied to all families equally, enabling individuals in same-sex marriages to fully exercise their rights and fulfill their responsibilities to their families," Labor Secretary Thomas Perez said in a statement.
Attorney General Eric Holder sent a memo to the president following a review of all laws that began soon after the Supreme Court decision. In the memo, the attorney general informs the president that all agencies have followed the court's ruling except for the Social Security Agency and Department of Veteran's Affairs, which are "prohibited by federal statute from adopting a "place of celebration" rule for certain programs of critical importance to millions of Americans."
This means that though those two agencies comply in recognition states, they do not in non-recognition states. Attorney General Holder said in the statement that the Department of Justice should work with Congress to fix the law so the agencies can benefit all married couples regardless of where they live.
Many LGBT organizations and activists praise the president's decision. Evan Wolfson, president of Freedom to Marry, was quoted in a blog post by the organization:
"Gay couples who are married, like non-gay married couples, now share in the crucial federal safety-net of protections and responsibilities, even in states that continue to discriminate. But because of ongoing marriage discrimination in 31 states, hundreds of thousands of couples continue to face the cruel denial of important Social Security and veterans' benefits. Congress should move swiftly to pass curative legislation for our veterans and seniors, even as we look to the federal courts and the Supreme Court to secure the freedom to marry and equal protection nationwide. America is ready for the freedom to marry, and every day of denial is a day of hardship, injustice, and indignity. It's time to end marriage discrimination once and for all."
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