On Wednesday, the Labor Department clarified any doubts surrounding the right of same-sex couples to pensions, 401(k)?s, health plans, and other benefits of employment. The Labor Department stated that these federal rights extend even into states which do not recognize same-sex unions. This position clarifies where the Obama administration stands following the recent Supreme Court ruling against portions of the Defense of Marriage Act, also known as DoMA. Regulations mentioned specifically in the statement were the Family Medical Leave Act (FMLA) and the Employee Retirement Income Security Act (ERISA).
See "Labor Dept.: Same-Sex Spouses Have Benefit Rights", Sam Hananel, ABC News, September 18, 2013