Court of Appeals, case number 12-17668. The district judge found that any challenges are precluded by Baker , and if not, the discrimination described merits only rational basis review, and that "the protection of the traditional institution of marriage ... is a legitimate state interest." As this case was decided before Windsor , and since "rational basis review" in sexual orientation discrimination cases may no longer be valid law in the Ninth Circuit, Nevada has decided to no longer defend this case. [ 302 ] [ 303 ] Fisher-Borne v. Smith (2012–present), North Carolina same-sex marriage case pending in U.S. district court. This was originally a case dealing with second-parent adoptions; following the decision in Windsor , the case was amended to allow consideration of same-sex marriage. Harris v. Rainey (2013–present), Virginia case dealing with same-sex marriage in U.S. district court; certified as a class-action lawsuit on January 31, 2014. Two months later, proceedings were ordered stayed until Bostic , another Virginia same-sex marriage case pending in the U.S. Fourth Circuit Court of Appeals, is decided. The plaintiff same-sex couples in this case have been granted leave to intervene in Bostic as well. [ 308 ] [ 309 ] McGee v. Cole (2013–present), West Virginia same-sex marriage case survived a motion to dismiss in U.S. district court, with the court finding: "Doctrinal developments since Baker , however, do justify a finding that Baker is nonbinding." [ 310 ] Palladino v. Corbett (2013–present), another Pennsylvania same-sex marriage case in U.S. district