U.S.
Win McNamee / Getty Images
The Obama administration will work to ensure that gay and lesbian Americans are eligible to take leave from their jobs to care for a same-sex spouse, regardless of whether they live in a state that recognizes gay marriage, the White House said Friday.
President Barack Obama is directing the Labor Department to start drafting rules making clear that the Family and Medical Leave Act (FMLA) applies to same-sex couples, allowing gay and lesbian employees to take unpaid leave to care for a sick spouse.
Married same-sex couples are eligible for the same benefits that all married couples have only if they reside in a state where same-sex marriage is legal.
The move comes three years after the administration said the Justice Department would no longer fight for the Defense of Marriage Act (DOMA) in court. DOMA allowed states to refuse recognition of gay marriages performed in other states. The Supreme Court overruled part of that legislation in 2013.
The White House is promoting this latest move as part of Obama's push to expand protections for gays and lesbians by allowing same-sex couples to take advantage of the same federal benefits available to married heterosexual couples.
To that end, the Justice Department plans to announce it has completed a review that Obama ordered to assess which legal benefits may be extended to gay couples.
In February, Attorney General Eric Holder announced widespread changes in the Justice Department to benefit same-sex married couples, such as recognizing a person's right to avoid testifying against a spouse in civil and criminal cases.
Already Obama has moved to ensure gay couples have equal access to health insurance, immigration privileges and tax benefits, the White House said.
But the White House says there are a few benefits that current law prohibits the federal government from granting to same-sex couples. Hoping to end that limitation, the administration is calling on Congress to pass legislation removing those prohibitions.
Democratic members of Congress have introduced bills expanding protections for gays and lesbians related to Social Security and veterans' benefits, the White House said.
Al Jazeera and wire services
Group voted to add language to constitution that marriage can be union of ‘two people,’ not just ‘a man and a woman’
Executive order covers all federal contractors and skirts legislative gridlock on Capitol Hill
Error
Sorry, your comment was not saved due to a technical problem. Please try again later or using a different browser.