Texas District Court Enjoins FMLA Same-Sex Spouse Rule - McDermott Will & Emery

Texas District Court Enjoins FMLA Same-Sex Spouse Rule

Overview


Todd Solomon assessed a Texas federal court’s injunction against the Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act, noting that in upcoming cases “most commentators believe the Supreme Court will decide that the 14th Amendment requires states to license a marriage between two people of the same sex. As such, while this preliminary injunction has halted progression of this recognition, it seems likely that the Supreme Court’s decision later this summer may make this decision moot.”