The Texas Attorney General's Office filed the federal lawsuit on March 18, 2015, challenging the Labor Department's newly revised definition of "spouse" in the FMLA, which includes same-sex spouses if the marriage occurred in a state that recognizes such marriage. Paxton also advised state agencies to follow state law rather than the federal rule.
The enforcement action stems from the Obama Administration's attempt to expand FMLA protections to same-sex couples through regulatory changes. Texas argues these revisions exceed the Department of Labor's authority and represent an unconstitutional rewriting of federal law by the executive branch.
Texas succeeded in obtaining preliminary relief from the U.S. District Court for the Northern District of Texas, which on March 26, 2015, granted the state's request for a preliminary injunction halting implementation of the revised rule. The court subsequently declined the Labor Department's request to dissolve the injunction on April 10, 2015.
The challenge represents part of broader resistance by conservative states to federal expansion of LGBT rights during the Obama administration, particularly regarding marriage and employment benefits. The case emerged during a period of rapid legal changes surrounding same-sex marriage recognition across various federal programs.
"The Federal Government Can't Re-Write the Law," Paxton stated, emphasizing his office's position that the Labor Department exceeded its regulatory authority in revising the FMLA definition without congressional action.
The preliminary injunction remains in effect pending resolution of the underlying lawsuit. The case highlights ongoing tensions between federal agencies' interpretation of existing civil rights laws and state resistance to expanded protections for same-sex couples.