Using fully relativistic perturbation theory we report fine structure continuum cross section ratios for the two-photon ionization of rubidium under elliptically polarized light. The choice of light polarization and wavelength matches the recent complete experiments on rubidium reported by Wang and Elliott [Phys. Rev. Lett. 84, 3795 (2000)]. The sigma(d5/2)/sigma(d3/2) cross section ratios calculated are consistent with results expected if relativistic fine structure effects are small, and are very much at odds with the recent experimental findings.