Blog Post

Obama Administration Quietly Redefines “Spouse”

OLYMPUS DIGITAL CAMERAThe Department of Labor has quietly issued new regulations updating the term “spouse” to include same-sex couples.

The Daily Caller is reporting that the new 52-page regulation will enable same-sex couples to get job-protected leave from work to care for their gay partner or partner’s children or parents under the Family and Medical Leave Act.

The new definition applies to all same-sex couples who were legally married in states where gay marriage is legal regardless of where they are currently living. This “place of celebration” definition of residency was also adopted by the IRS after certain provisions of the Defense of Marriage Act were struck down by the Supreme Court last year.

As the Caller reports, the regulation is “rife with progressive editorializing”.

For instance, the regulation states that “…the Department is aware that the language surrounding marriage is evolving and that not all married individuals choose to use the traditional terms of husband or wife when referring to their spouse.”

“The Department intended the proposed definition to cover all spouses in legally valid marriages as defined in the regulation regardless of whether they use the terms husband or wife. The Department adopts the definition of spouse as proposed.”

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