"On December 23, 2014, the U.S. Court of Appeals for the Second Circuit upheld the District Court's dismissal of plaintiffs' claims alleging that the same-sex spouse exclusion in the employer's self-insured medical plan violated Section 510 of [ERISA] and also dismissed plaintiffs' breach of fiduciary duty claim under Section 404 of ERISA.... Employers considering such an exclusion for their self-insured plans should note that the decision is expressly limited to consideration of the ERISA claims and both the District Court and Second Circuit declined to address whether the exclusion is constitutional or valid under any other federal or state law." [Roe v. Empire Blue Cross Blue Shield, No. 14-1759-CV (2d Cir. Dec. 23, 2014; unpublished)]