1. Massachusetts v. United States Dept. of Health and Human Services,682 F.3d 1 (1st Cir. 2012)(finding Section 3 of the Defense of Marriage Act ("DOMA"), that defines marriage for federal purposes to exclude lawfully married same-sex couples, to be unconstitutional applying a "special care" scrutiny applicable to "federal statutes intruding on matters customarily within state control").


2. Windsor v. United States, Nos. 12-2335-cv(L), 12-2345(Con) 2012 WL 4937310 (2d Cir. Oct. 18, 2012)(finding Section 3 of DOMA unconstitutional under classical mid-level review).

[N.B. Both cases are pending United States Supureme Court review on petitions for certiorari.]