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Despite Windsor, District Court Rejects Challenge to Self-Insured ERISA Health Plan's Denial of Coverage for Same-Sex Spouses
Proskauer's ERISA Practice Center 
May 21, 2014
"The court first observed that ERISA gives employers broad discretion in writing the terms of welfare benefit plans and does not include an outright anti-discrimination provision. The court then determined that there could not be any violation of ERISA section 510 because there was no adverse employment action." [Jane Roe and Jane Doe v. Empire Blue Cross Blue Shield and St. Joseph's Medical Center, No. 12-cv-04788 (S.D.N.Y. May 1, 2014).]
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