Politics
Labor Dept. says gay couples eligible for family and medical leave
Guidance expected following U.S. Supreme Court decision against DOMA

The Labor Department under Secretary Thomas Perez is preparing guidance for gay couples under the Family & Medical Leave Act. (Washington Blade file photo by Michael Key).
The Labor Department is preparing guidance to inform employers throughout the country that married same-sex couples are now eligible for family and medical leave under the law.
A Labor Department spokesperson affirmed for the Washington Blade the department will issue guidance to inform employers about the change under the Family & Medical Leave Act in the wake of the U.S. Supreme Court decision striking down the Defense of Marriage Act.
“The Wage & Hour Division is working closely with the Department of Justice and looking through all the materials that touch on this issue to determine what public guidance is necessary,” the spokesperson added. “We expect to have additional information available in the near future.”
The Family & Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Prior to the ruling against DOMA, the Labor Department didn’t require employers to grant married gay couples leave if one spouse in the relationship fell ill and needed care because DOMA prohibited federal recognition of same-sex marriage. But with DOMA out of the picture, the Obama administration is free to enforce FMLA on behalf of married same-sex couples.
Tico Almeida, president of Freedom to Work, praised the Labor Department for moving forward with this guidance and credited it to the leadership of the recently confirmed Labor Secretary Tom Perez.
“Freedom to Work endorsed Tom Perez for Labor Secretary because we know him to be a champion for good jobs for everyone, so we are thrilled that the Wage & Hour Division is moving forward now with public guidance that will let employers know that gay and lesbian married couples must be treated with respect when they seek workplace leave to take care of a same-sex spouse that gets into an accident or is diagnosed with an illness,” Almeida said.
In 2010, the Labor Department enacted a change with DOMA in place that enabled a gay employee to take absence under the Family & Medical Leave Act to care for a non-legal, non-biological child of a partner. But that change was obstensibly as far as the Obama administration could go with DOMA in place.
Almeida continued to call for further action in the form of additional guidance saying an existing executive order issued under President Lyndon Johnson prohibiting gender discrimination applies to transgender workers as well. Such guidance would align the Labor Department’s enforcement of the directive with the U.S. Equal Employment Opportunity Commission decision last year in Macy v. Holder interpreting Title VII to protect transgender workers.
“We are told by numerous government sources that it was the White House senior staff that decided to disregard American law and ignore Macy vs. Holder for federal contractors,” Almeida said. “These sources say that the White House has forbidden the Labor Department from doing what everyone knows is morally right and legally correct. Given the incredible passion and intellect that Secretary Perez brings to these important issues, we remain hopeful that he will persuade the White House staffers to stand on the right side of American history.”
2026 Midterm Elections
Markey’s primary win deemed success for LGBTQ activists
Mass. lawmaker champions transgender rights
U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.
Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.
Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.
Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.
This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.
Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.
Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.
Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.
That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.
Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.
“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”
Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.
Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.
“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”
The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.
“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”
Markey is running for reelection against Republican John Deaton in November, where he is expected to win.
Congress
HRC president campaigns for Chris Pappas in NH
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.
Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.
We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.
Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o
— Chris Pappas (@ChrisPappasNH) August 30, 2026
Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.
Karishma Manzur is among the Democrats challenging Pappas.
A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.
The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.
Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.
Congress
Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?
Senator is backing anti-establishment Democrats across the country
By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.
Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?
Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.
The rest of this article can be found on the Baltimore Banner’s website.
