Another victory for same sex married couples, but first a little history. In 2013, the Supreme Court, in U.S. v. Windsor, 570 U.S. 12 (2013) struck down section three of the Defense of Marriage Act as unconstitutional as it limited marriage and spouse to the legal union between one man and one woman as husband and wife, or rather, only opposite-sex couples. This decision had a major impact on the Family Medical Leave Act (FMLA), which allows eligible employees to take unpaid, job protected leave for certain specified family and medical reasons.
Prior to Windsor, the FMLA regulations defined the term spouse as "a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized" and consequently, same-sex couples were not entitled to leave under the FMLA even if they lived in a state that recognized same-sex marriages. However, with the Windsor decision came a slightly different reading of the same definition with the result being that same-sex couples could enjoy FMLA leave to care for a same-sex spouse but only if they resided in a state that recognized same-sex marriage. This new interpretation, although offering as much coverage as possible, still had broad implications. For example, if a same-sex couple was married in the state Pennsylvania, which now recognizes and allows same-sex marriage, but then moved to Georgia, a state where same-sex marriages are still banned, that couple would not have been entitled to the protections afforded by the FMLA. This limitation really impacted not only coverage under the FMLA, but also a couple's mobility.