Same-sex couples are one step closer to having the rights they deserve.

On Feb. 23, the United States Department of Labor announced that it had revised the definition of “spouse” in the Family Medical Leave Act to include same-sex couples. This revision guarantees that all married couples, no matter their sex, have the right to care for their spouses’ serious medical conditions without fear of losing their jobs.

This update comes after the Supreme Court struck down Section 3 of the Defense of Marriage Act that prevented same-sex couples from receiving equal federal benefits, such as Social Security and health insurance. But while this was a huge advancement, there are more steps the federal government, specifically the Supreme Court, needs to take to ensure equal rights for all.

After Section 3 was struck down, President Barack Obama quickly directed federal agencies to remove DOMA’s influence from every relevant law. Though it has taken about a year and a half, these revisions finally caught up to the FMLA. Now, same-sex couples can take up to 12 weeks off from work to care for a spouse, even if they live in a state where their marriage is not recognized.

Striking down Section 3 of DOMA and revising the FMLA was a big step for gay rights. However, while celebrating these advancements, many seem to overlook the fact that much of the discriminatory DOMA was left standing. The new FMLA had to explicitly ensure rights to same-sex couples in every state, no matter if their marriage is recognized there or not because Section 2 of DOMA remains in effect. This section allows states to deny recognition of marriages performed in other states.

This last piece of DOMA only serves to divide our nation. States should be allowed to make their own individual policies, but in this case, many are denying constitutional rights. Right now, states can pick and choose which marriages they recognize. This is clearly unconstitutional under the 14th Amendment, which prohibits any state from denying its citizens equal protection of the law. Before we can progress with same-sex marriage, the Supreme Court needs to finish what it started and repeal DOMA in its entirety.

Of course, repealing DOMA is a step toward marriage equality. But it would not officially legalize same-sex marriage. Repealing Section 2 would mandate that states recognize marriages performed in other states, but would not force them to marry same-sex couples themselves. Once DOMA has been tackled, the Supreme Court needs to legalize same-sex marriage nationwide.

Though it had previously denied hearing same-sex marriage cases, in January the Supreme Court finally agreed to take on the issue and is expected to deliver its decision by June. In February, the court refused to block same-sex marriages in Alabama, only adding to speculation that it will rule in same-sex marriage’s favor.

This decision cannot come soon enough. Sixty percent of Americans agree with legalizing same-sex marriage, according to a recent CBS News poll, and its constitutionality is already established under the 14th Amendment’s equal protection clause. The conditions are right, and America is ready for same-sex marriage now.

The FMLA update makes it apparent how far LGBT rights have progressed in America, but it’s also a reminder that part of the hugely discriminatory DOMA is still standing. The Supreme Court needs to repeal this unjust legislation and legalize marriage between two consenting adults, no matter their gender or sex. Even after this happens, there will undoubtedly still be prejudice against LGBT people. But the sooner we legalize same-sex marriage, the sooner we can move forward and end this discrimination altogether.

Kathryn Krawczyk is a freshman magazine major. Her column appears weekly. She can be reached at kjkrawcz@syr.edu and followed on Twitter @KathrynKrawczyk.

Published on March 5, 2015 at 12:15 am