Texas Attorney General Sues Feds To Stop Same-Sex Spouses From Taking Care Of Each Other

Texas’ new Republican Attorney General has wasted no time in waging war on the LGBT community.

Ken Paxton has only been the Texas Attorney General for ten weeks but he’s already filed a lawsuit to declare the marriage of a same-sex couple – granted marriage rights because one has ovarian cancer – null and void, and claiming “harm is imminent” to do so. 

Now, Paxton is back attacking the lives of gay people, and he’s suing the federal government to do so.

The 52-year old Republican former state senator has filed a lawsuit against the Dept. of Labor over the definition of the word “spouse.” The DOL recently updated the definition to align with the 2013 U.S. Supreme Court ruling which struck down Section 3 of DOMA. 

The change affects the rules in the federal Family and Medical Leave Act. FMLA is a 1993 federal law that protects the jobs of employees who need time off to care for a spouse or family member. 

AG Paxton does not want gay people to be allowed time off to care for their spouses, or newborn or newly adopted children.

“This lawsuit is about defending the sovereignty of our state, and we will continue to protect Texas from the unlawful overreach of the federal government. The newly revised definition of ‘spouse’ under the FMLA is in direct violation of state and federal laws and U.S. Constitution,” AG Paxton said in a statement. “Texans have clearly defined the institution of marriage in our state, and attempts by the Obama Administration to disregard the will of our citizens through the use of new federal rules is unconstitutional and an affront to the foundations of federalism.”

Paxton has also directed all state agencies to ignore the federal directive and “Follow Texas law,” not the “unlawful” Dept. of Labor rules.

Since FMLA is a federal law, states are required to follow it, including the updated definition of “spouse.” Paxton is using same-sex couples as pawns to brandish his far right Republican bona fides, and using the power of his office to deny same-sex couples their rights under federal law.

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Hat tip: Dallas Observer