Stefanie Berks (L) touches Daisy Boyd's pregnant belly before their marriage ceremony at the Manhattan Marriage Bureau two days after the U.S. Supreme Court ruling on DOMA on June 28, 2013 in New York City.
Photo by Mario Tama/Getty

DOJ and Labor Department: Gay couples get federal entitlements


Just in time for LGBT Pride Month, the Departments of Labor and Justice are making separate announcements about federal entitlements for same-sex couples in the United States.

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The Department of Labor on Friday will announce that it will issue a notice of proposed rulemaking on the Family and Medical Leave Act, clarifying that under the federal law, employees are eligible for leave to care for their same-sex spouses, regardless of the employees’ states of residence. The Justice Department, meanwhile, will announce on Friday the completion of a review of federal statutes made after the Supreme Court’s decision in United States v. Windsor to strike down Section 3 of the Defense of Marriage Act (DOMA). 

“In almost all instances, federal benefits and obligations for same-sex married couples will be provided, regardless of where the couple lives,” a White House official said in a statement. There remain, however, a “handful of provisions” that currently preclude the federal government from extending equal benefits to legally married same-sex couples without regard to their states of residence.

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The Obama administration says it is calling for legislation to fix the provisions that continue to prohibit legally married same-sex couples from enjoying the same federal benefits as their opposite-sex counterparts.

Following the Supreme Court’s decision to strike down Section 3 of DOMA in 2013, President Obama directed Attorney General Holder to review all relevant federal statutes to ensure the court’s decision was implemented. 

Gay Rights, Justice Department and Labor

DOJ and Labor Department: Gay couples get federal entitlements