• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Bolek Besser Glesius LLC

Bolek Besser Glesius LLC

Devoted to Justice

  • Home
  • Practice Areas
    • Employment Law
      • Wrongful Termination
      • Workplace Retaliation & Whistleblower Cases
      • Sexual Harassment
      • Age Discrimination Attorney
      • Disability Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Family Medical Leave Act
      • Overtime Pay and Minimum Wage
      • Employment Contracts & Severance Packages
      • Restrictive Covenants & Non-Compete Agreements
      • Executive Compensation
      • View All
    • First Amendment Lawyers
      • Ohio Free Speech Attorneys
        • Government Employee Free Speech
        • Student Free Speech Rights in Ohio
        • Significant Ohio Free Speech Cases
      • Religious Freedom
    • Appellate Practice
    • Small Business Litigation
  • About Us
    • Cathleen M. Bolek
    • Matthew D. Besser
    • Amy S. Glesius
    • Kelly S. Rochotte
  • Results
  • FAQ
  • Articles
  • BBG Newsroom
  • Contact
  • Blog
(216) 464-3004
Contact Us Now
GET HELP NOW
CALL US NOW

FMLA Impacted by DOMA Same-Sex Marriage Case (but Not in Ohio)

June 26, 2013 By Matthew Besser Leave a Comment

In a landmark civil rights case, the U.S. Supreme Court today struck down the portion of the Defense of Marriage Act (“DOMA”) that denied federal benefits to legally married same-sex couples. Besides having tremendous symbolic significance as a victory for liberty and equality, the case will have a major impact on various employment laws, particularly the Family and Medical Leave Act (“FMLA”) . . . just not in Ohio.

The terms “marriage” and “spouse” appear in approximately 1,000 different federal laws, affecting everything from criminal prosecutions to taxes to the workplace. Enacted by Congress in 1996, DOMA specified that, for purposes of all federal laws, “marriage” and “spouse” mean only opposite-sex couples. Same-sex couples were specifically excluded, with Congress explicitly stating its “moral disapproval of homosexuality.” In today’s decision, United States v. Windsor, the Supreme Court struck down this section of DOMA. The Court explained that DOMA’s denial of federal benefits to lawfully married same-sex couples was “designed to injure” those couples, and thus deprived them of their rights to “liberty” and “equal protection” of law guaranteed by the Fifth and Fourteenth Amendments respectively.

Among the many laws affected by the Court’s decision in Windsor is the Family and Medical Leave Act. The FMLA provides eligible employees up to twelve weeks of unpaid, job-protected leave in a variety of circumstances, one of which is “to care for the employee’s spouse . . . with a serious health condition.” At first glance, this would lead one to believe same-sex couples are now entitled to the protections of the FMLA. Historic though today’s decision is, there is a crucial limitation on its scope that affects the rights of same-sex couples in Ohio.

Because of another section of DOMA not at issue in Windsor, the decision applies only to those same-sex couples who are (or become) married under their respective States’ marriage laws. Currently, twelve States and the District of Columbia recognize same-sex marriage. Ohio is not one of them. As a result, same-sex couples in Ohio are likely not entitled to the protection of the FMLA’s “spouse” provision. Similarly, same-sex couples who were lawfully married in another State and then moved to Ohio might fair no better. That is so because the FMLA defines “spouse” based on “State law for purposes of marriage in the State where the employee resides.” Although not entirely clear, LGBT employees who reside in Ohio, even if legally married in a different State, would apparently not meet this definition. So for the time being, the benefits of Windsor will not reach same-sex couples in Ohio, at least as far as the FMLA is concerned. But it’s probably only a matter of time.

Filed Under: FMLA, LGBT rights

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Best Law Firms - Regional Tier 1 BadgeBest Lawyers Amy Glesius Lawyer of the Year BadgeMartindale AV Rated BadgeSuper Lawyers Top 100 Badge BBB Accredited Business BadgeMillion Dollar Advocates Badge

Contact Us Now

  • Hidden
  • This field is for validation purposes and should be left unchanged.

U.S. News Best Law Firms 2019 BadgeBest Lawyers Amy Glesius Lawyer of the Year BadgeSuper Lawyers Top 100 BadgeMartindale AV Rated BadgeBest Law Firms - Regional Tier 1 Badge

Contact Us Now

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Footer

Social

Follow along on social media.

  • Facebook
  • LinkedIn
  • Twitter

Our Cleveland Office

Monarch Centre

5885 Landerbrook Drive, Suite 302

Cleveland, OH 44124

Contact Now

Phone: 216-464-3004

Disclaimer | Privacy Policy

Contact Our Firm

Monarch Centre

5885 Landerbrook Drive, Suite 302

Cleveland, OH 44124

Contact Now

Phone: 216-464-3004

Disclaimer

Copyright © 2025 · Business Pro Theme on Genesis Framework · WordPress · Log in

  • Home
  • Practice Areas
    ▼
    • Employment Law
      ▼
      • Wrongful Termination
      • Workplace Retaliation & Whistleblower Cases
      • Sexual Harassment
      • Age Discrimination Attorney
      • Disability Discrimination
      • Pregnancy Discrimination
      • Race Discrimination
      • Family Medical Leave Act
      • Overtime Pay and Minimum Wage
      • Employment Contracts & Severance Packages
      • Restrictive Covenants & Non-Compete Agreements
      • Executive Compensation
      • View All
    • First Amendment Lawyers
      ▼
      • Ohio Free Speech Attorneys
        ▼
        • Government Employee Free Speech
        • Student Free Speech Rights in Ohio
        • Significant Ohio Free Speech Cases
      • Religious Freedom
    • Appellate Practice
    • Small Business Litigation
  • About Us
    ▼
    • Cathleen M. Bolek
    • Matthew D. Besser
    • Amy S. Glesius
    • Kelly S. Rochotte
  • Results
  • FAQ
  • Articles
  • BBG Newsroom
  • Contact
  • Blog