Texas Sues Feds Over Benefits for Same-Sex Couples

[TexasTowelie]

Source: Texas Tribune

The state of Texas is suing the Obama administration for giving medical leave benefits to certain same-sex couples, according to a Wednesday announcement from Attorney General Ken Paxton.

The lawsuit comes in response to a rule change announced by the president last month, which grants paid time off to legally married same-sex couples, even if they are living in a state, like Texas, that does not recognize gay marriage. The rule change to the federal Family and Medical Leave Act, or FMLA, is scheduled to take effect March 27.

“The newly revised definition of ‘spouse’ under the FMLA is in direct violation of state and federal laws and the U.S. Constitution,” Paxton said in a written statement.

The federal rule change would apply only to federal employees. Currently, same-sex couples cannot get married in Texas, so only couples that were legally married elsewhere would be eligible for the benefits.

Read more: http://www.texastribune.org/2015/03/18/ag-paxton-sues-feds-over-benefits-same-sex-couples/

---

Cross-posted in the Texas and LGBT Groups.

[TexasTowelie]

1. From the Dallas Morning News:

http://trailblazersblog.dallasnews.com/2015/03/ag-paxton-files-suit-against-feds-for-giving-same-sex-spouses-family-leave.html/

[iandhr]

2. I feel sorry for someone who has so much hate

[NutmegYankee]

3. WTF - Texas wants to tell the Federal Gov't what benefits it can give to its own employees!?

Mr. President, don't send lawyers - send the AC-130 gunships right fucking now!

[blkmusclmachine]

5. Nah, Obama doesn't have it in him. Might make his pal Boner mad...

[geek tragedy]

4. texASS trying to compete with Talibama for most bigoted against GLBT state prize nt

[NaturalHigh]

6. If this only applies to federal employees, I don't see how it's the state's concern.

I think this will be bounced out of court in fairly short order.

[Adrahil]

7. What would be their legal standing?

I mean, if it only applies to Federal employees who were married out of state, then the State of Texas is not harmed in the least measure. No Standing Throw that case out.

[mahatmakanejeeves]

8. The two accounts differ.

Texas Tribune:

The federal rule change would apply only to federal employees.

Trail Blazers Blog:

Under the proposed federal rule to take effect March 27, the definition of “spouse” would be revised to include gay partners who were married in a state that recognizes same-sex unions. The new rule would direct state agencies to grant family and medical leave benefits to all such couples.
....

The issue involves the Family Medical and Leave Act, which provides employers must allow unpaid time off for workers to tend to certain qualified family emergencies.

Family Medical and Leave Act

Provisions

In June 2007, the Department of Labor estimated that of the 141.7 million workers in the United States, 94.4 million worked at FMLA-covered worksites, and 76.1 million were eligible for FMLA leave. Between 8 percent and 17.1 percent of covered and eligible workers (or between 6.1 million and 13.0 million workers) took FMLA leave in 2005. The 2008 National Survey of Employers found no statistically significant difference between the proportion of small employers (79%) and large employers (82%) that offer full FMLA coverage.

Benefits for employees mandated by the law

To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). He or she must also have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months. (There are special hours rules for certain airline employees.)

{snip a lot}

I'm going to wait for the inconsistencies to be ironed out.

Angry rebuttal in 5 ... 4 ... 3 ....

[christx30]

9. How dare we treat gays

as if they are actually people!?

What the hell is Texas thinking? How is it Texas's business what benefits it gives to its workers? What are they going to do next? Ban same sex friendships?