"In Sickness and in Health, Until Death Do Us Part": An Examination of FMLA Rights for Same-Sex Spouses and a Case Note on Obergefell v. Hodges

Authors

Jasmine Foo

First Page

638

Last Page

679

Abstract

This note discusses the history of the lesbian, gay, bisexual, and transgender (LGBT) struggle for equal rights alongside the Supreme Court's recent ruling in Obergefell v. Hodges and uses this to examine the potential effect on the rights granted to same-sex spouses by the Family Medical Leave Act (FMLA). Part II records the jurisprudence that has slowly evolved over the past forty to fifty years to make the present a more hospitable era for same-sex marriage to take root today. Part III gives a general overview of the FMLA's history and current form. Part IV reviews the facts prompting the Court's decision in Obergefell. Part V analyzes the majority opinion alongside the dissenting opinions by comparing and contrasting the dissenting judges' separate and underlying interests. Part VI theorizes Obergefell's potential legal and social impact on FMLA requirements and the definition of "spouse," and it concludes by examining how these changes might work to open the way for further advancements in same-sex rights in employment and healthcare law.

Recommended Citation

Jasmine Foo, "In Sickness and in Health, Until Death Do Us Part": An Examination of FMLA Rights for Same-Sex Spouses and a Case Note on Obergefell v. Hodges, 36 J. Nat’l Ass’n Admin. L. Judiciary 638 (2016)
Available at: https://digitalcommons.pepperdine.edu/naalj/vol36/iss2/8