Illustration by Todd Wiseman

*Correction appended

A federal court has temporarily blocked a federal rule change that would give medical leave benefits to certain same-sex couples, according to an announcement Thursday from Texas Attorney Generalย Ken Paxton.

In a lawsuit filed this month, Paxton challenged the Obama administration’s change to the federal Family and Medical Leave Act, or FMLA, which would have granted paid time off to legally married same-sex couples, even if they live in a state like Texas that does not recognize gay marriage. The rule change was scheduled to go into effect Friday.

โ€œThe Obama Administrationโ€™s attempt to force employers to recognize same-sex marriages would have put state agencies in the position of either violating Texas law or federal regulations,” Paxton said in a statement. “We are pleased that the Department of Laborโ€™s effort to override our laws via federal rulemaking has been halted, and we will continue to defend our sovereignty in this case.โ€

The federal rule change would apply toย federal and state employees and private sector employees at workplaces with 50 or more employees. Currently, same-sex couples cannot get married in Texas, so only couples who were legally married elsewhere would be eligible for the benefits.

Gay rights advocates haveย criticizedย Paxton’s legal efforts to block benefits for same-sex couples at a time when the future of the state’s constitutional ban on gay marriage is uncertain.

The stateโ€™s ban is being considered at the federal level. After aย January hearing, a three-judge panel of the U.S. 5th Circuit Court of Appeals is expected to rule on the constitutionalityย of theย ban in the coming months, but the U.S. Supreme Court is expected to have the final word on the issue. Itย has agreed to hear four gay marriage cases from other statesย next month.

*Correction: An earlier version of this story incorrectly said who would be affected by the Family Medical Leave Act rule change. The changeย would apply to federal and state employees and some private sector employees, not just federal employees.

Alexa Ura reported for The Texas Tribune from 2013 to 2023. She covered the complex dynamics of race, ethnicity, wealth, poverty and power and how they are shaping the future of Texas and Texans, in the...