If you’re straight and you need time off to care for a sick spouse, federal law requires that you get Family and Medical Leave. But if you’re gay, you could get denied that right, depending on what state you live in. A new rule was supposed to expand access to Leave for gay couples last week, but at the last minute Texas Attorney General Ken Paxton sued to stop it. Now a judge has put the rule-change on hold. That means that Texan LGBTs will have to choose between taking care of their family and keeping their job.
The basis for last week’s ruling was the Defense of Marriage Act. Wait, didn’t the Supreme Court overturn DOMA? Well, technically, no. The Supreme Court only ruled against the part of DOMA that blocks the federal government from recognizing marriage. There’s another part that allows one state to disregard licenses from another state. And Paxton thinks that should give him permission to withhold medical leave from gays and lesbians who married in other states.
Of course, there’s one other authority here that Texas might want to consider: The U.S. Constitution. The Supreme Court will hopefully rule in June that the equal protection clause applies to LGBTs. But homophobic Texas lawmakers are preparing for that, too. They’re pushing a bill that would give the Secretary of State the authority to punish any clerk who issues a license to couples the state doesn’t like. That means Texas would be saying, in essence, “oh we’re letting clerks obey the Supreme Court’s ruling. We’re just punishing them for doing so.”
Meanwhile, the Alabama marriage mess is continuing. The latest update: state Attorney General Luther Strange has asked a court to reject a class-action suit filed on behalf of the state’s LGBT couples. He says that even though they can estimate how many gays and lesbians live in Alabama, there’s just no way to know how many of them want to be treated equally. The plaintiffs will respond to that on Wednesday of this week, as soon as they can find a legal way to say “pretty much all of them do.”
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Giancarlo85
Texans love talking about their freedom, the Alamo and all this other crap… Apparently freedom only goes to some in that state. Republicans will stop at nothing to damage gay people, other minorities, women, and the entire country. These screeching fools cry they are being victimized, when in reality Republicans victimize others for ill conceived political gain.
MCFrisky, MCHG and other self hating log cabin trolls will be quiet when it comes to this matter.
Desert Boy
I am so sick and tired of Texas. They kept threatening to secede. So why don’t they just do it? They won’t be missed.
Gigi Gee
I want da Gudmint to stay out oh my life…but ya, mess with Teh Geys lives.
Bruce Dillon
DISLIKE Discrimination!
(*;*()
Clark35
No surprise here. Thanks Obama administration yet again you’ve shown how you say one thing yet do another when it comes to throwing LGBT people under the bus.
vive
@Giancarlo85: “Texans love talking about their freedom, the Alamo and all this other crap…”
Yeah, never mind that Texas has been part of Mexico and the Texan “patriots” at the Alamo were invaders and occupiers. And not to mention the native people even further back.
vive
s/has/had
GG
“[Alabama Attorney General Luther Strange] has asked a court to reject a class-action suit filed on behalf of the state’s LGBT couples. He says that even though they can estimate how many gays and lesbians live in Alabama, there’s just no way to know how many of them want to be treated equally. The plaintiffs will respond to that on Wednesday of this week, as soon as they can find a legal way to say ‘pretty much all of them do.’”
The percentage of any group wanting to be treated equally is irrelevant. EVERYONE has the RIGHT to be treated equally under the law whether they want that right or not. That’s why they’re called RIGHTS.
Giancarlo85
@Clark35: What does the Obama administration have to do with this? All the Department of Justice can do is suggest the Supreme Court rule in favor of same sex marriage. This is in the hands of the courts, not the administration.
MacAdvisor
These little videos by Matt Baume are quickly become the highlight of my week. He seems like such a nice guy.
hyhybt
Desperation is the mother of absurdity, but the end is nigh.
darian
@Clark35: I really hope that was sarcasm.
jwtraveler
In 29 states LGBT people still have no housing or employment rights. Almost everywhere in this country, gay kids and teens are denied an equal education due to discrimination, bullying and violence. LGBT teens face drastically higher rates of homelessness, drug use, HIV and suicide than non-LGBT teens. Gay rights is not all about gay marriage.
inbama
@jwtraveler:
We couldn’t pass ENDA that was trans-inclusive back in 2007, so we threw ourselves under the bus.
Now it will have to wait for bathrooms.
parrjj01
@Clark35: Seems like you are uneducated – The Obama Administration has done a lot for the gay community than any other administration ever.
You do realize it’s the democrats that believe in equal rights. It’s the republicans trying to block it. *cough* Indiana *cough* Arakanas
If a republican takes hold the presidential office, it’s only going to get worse.