The Seventeenth Annual Supreme Court Review Conference

October 27, 2012

Professor Jennifer Levi

Western New England University School of Law

Federal Marriage Discrimination



  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.]


Sponsored by the Law School's Institute for Legislative and Governmental Affairs


Return to Supreme Court Conference 2012 Table of Contents