Faculty in the News

Marc Spindelman Media Hits

The following is a list of selected media coverage for Marc Spindelman. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes.

 

Gay-rights suit may alter parents on birth records

February 18, 2014

Professor Marc Spindelman was interviewed for an article in the Columbus Dispatch regarding a lawsuit filed in federal court in Cincinnati seeking to challenge the state's decision to prohibit listing both members of same-sex couples on birth certificates.

Spindelman said the lawsuit is probably designed to “chip away at the prohibitions on same-sex marriage in an incremental way.”

He added: “Can you treat same-sex couples lawfully married in another jurisdiction differently than a cross-sex couple for the same purposes? It seems to puts a leaden thumb on the scales in the favor of cross-sex couples.”



Gay-rights suit may alter parents on birth records

February 18, 2014

Professor Marc Spindelman was quoted in a Columbus Dispatch article about a gay-rights law suit that seeks to give same-sex couples the right to put both names on their child's birth certificate.

“Can you treat same-sex couples lawfully married in another jurisdiction differently than a cross-sex couple for the same purposes?" Spindelman asks. "It seems to puts a leaden thumb on the scales in the favor of cross-sex couples.”



Ohio parents fight law over girl's forced chemo

February 8, 2014

Professor Marc Spindelman was quoted in an article from the Associated Press about a court case involving the health care of an 11-year-old girl with cancer. Believing the chemotherapy treatment was killing their daughter, the parents tried to withdraw her from the treatment, but the court appointed a guardian to have her continue the treatment. The family is appealing under the Ohio Health Care Freedom Amendment, which prohibits any law from forcing Ohioans to participate in "a health care system." Spindelman said the case is not so clear, however.

"It's not clear the health care amendment helps clarify the issue," he said. "It's not a slam dunk."



Federal judge rules Ohio must recognize same-sex marriages on death certificates

December 23, 2013

Professor Marc Spindelman was quoted in a story by the Cleveland Plain dealer about a recent ruling ordering the state of Ohio to recognize gay marriages on death certificates. Spindelman said the ruling might put the pressure on Ohio to completely recognize out-of-state gay marriages.

"It’s hard to see how the ruling remains limited to the context of death certificates for very long,” he said.



Texas court ruling won't have an immediate impact on Ohio's abortion laws, both sides say

October 29, 2013

Professor Marc Spindelman was interviewed for an article in the Cleveland Plain Dealer about the effect a Texas ruling on an abortion law will have in Ohio. The law, which placed restrictions on women seeking abortions, is similar to legislation in Ohio. However, Spindelman said it's "too soon to tell" if the ruling will have any effect on Ohio law. For one, Spindelman said the case will certainly be appealed.



Experts: Abortion decision likely will stand

August 16, 2013

Professor Marc Spindelman was quoted in the Toledo Blade in an article about the likliehood that a new Ohio bill aimed at restricting abortions could overturn Roe v. Wade. Spindelman said that's unlikely.

 It could be used as a vehicle for overturning or cutting back on Roe against Wade, but the odds seem strongly against it,” Mr. Spindleman said. “Given existing precedence, a ban on post-heartbeat but pre-viability abortions is inconsistent with existing Supreme Court precedent. Therefore, in order for a post-heartbeat but pre-viability abortion ban to stand, the precedence would have to be modified or overturned.”
 



Experts: Abortion decision likely will stand

August 16, 2013

Professor Marc Spindelman was quoted in a Toledo Blade article regarding the constitutionality of the new Ohio Heartbeat Bill. Many are questioning whether this new legislation could potentially lead to the overturning of the 1973 Supreme Court case Roe v. Wade.

“In theory, it could. It could be used as a vehicle for overturning or cutting back on Roe against Wade, but the odds seem strongly against it,” Spindelman said. “Given existing precedence, a ban on post-heartbeat but pre-viability abortions is inconsistent with existing Supreme Court precedent. Therefore, in order for a post-heartbeat but pre-viability abortion ban to stand, the precedence would have to be modified or overturned.”



Prop. 8 case was once seen as a Supreme Court long shot

June 28, 2013

Professor Marc Spindelman was quoted in a San Jose Mercury News article about the Supreme Court's decisions to strike down the Defense of Marriage Act and Proposition 8. He said that while the rulings do not legalize same sex marriage in all states, the Supreme Court's decisions are a step forward for such rulings to come in the future.

"At the end of the day, there was no setback, only advances," Spindelman said.



OSU Law Professor, Marc Spindelman, talks about the Supreme Court's rulings and their affect on Ohioans

June 27, 2013

Professor Marc Spindelman was a featured guest on the 94.7 fm radio station Sunny 95 morning show with Dino and Stacy, to discuss the implications of the Supreme Court's rulings on Proposition 8 and the Defense of Marriage Act on Ohioans. While he said the legal status of same-sex marriage in Ohio has not changed following the rulings, the decisions are still important on a national scale.

“I think it’s important for folks to understand that part of what was surprising to some observers about yesterday’s decision, part of what makes it big news, and the big big news that it is, is that the basis upon which the court ruled in the case, the basis on which the court struck the Federal Defense of Marriage Act down was norms, or grounds, or ideals grounded in the Constitution of equal protection or equality.”

“The Supreme Court’s decision says that part of what made the Federal Defense of Marriage Act unconstitutional was that the federal government didn’t have a good reason for treating marriages between same-sex couples, recognized by the state of New York, as just like traditional cross-sex marriages."



Ohio Gay Marriage Ban Continues, But DOMA Decision Looms Large

June 27, 2013

Professor Marc Spindelman was quoted in an article from 91.3 WYSO about the Supreme Court's decisions to strike down the Defense of Marriage Act and Proposition 8, and what these rulings mean for Ohioans. Spindelman said many observers probably assumed the Supreme Court would simply decide that rulings on marriages were to be left to the states, not the federal government. But, he said the decision wasn't so narrow, and can have a widespread effect, even in Ohio, where same-sex marriage is banned.

“In some respects the legal status of same-sex marriage in Ohio today is the same as it was yesterday and the day before. At the same time, the decision … gave and gives proponents of same-sex marriage a new tool by which to argue that same sex marriage is constitutionally required even at the state level,” Spindelman said.



OSU Professor on Gay Marriage

June 27, 2013

Professor Marc Spindelman was featured on ABC 6's program Good Day Columbus to discuss the impact of the Supreme Court's rulings against Proposition 8 and the Federal Defense of Marriage Act.

“So far it doesn’t have any obvious, immediate impact in Ohio. So in Ohio, just like before, same sex marriage remains outlawed, both under the Ohio State constitution and also by statutes," Spindelman said.

He said the Supreme Court’s decision to strike down the Federal Defense of Marriage Act laid the groundwork, however, for the Supreme Court to make a future ruling in favor of same sex marriage. Spindelman added that the decision recognized the importance for children of same sex couples to feel like they’re just as valid as the children of cross sex couples.



Gay-marriage issue will shift to states after Supreme Court ruling

June 27, 2013

Professor Marc Spindelman was quoted by The Columbus Dispatch in an article about the Supreme Court's decision to strike down the Federal Defense of Marriage Act and Proposition 8, which banned same sex marriage in California. While there is no immediate effect in Ohio, Spindelman said the ruling appears to order the federal government to simply defer to states that allow same-sex marriage, the ruling’s broad language gives advocates of marriage equality a “powerful new tool” that might help them make the case against state bans of gay marriage.

The ruling “provides a new legal basis for saying state bans on same-sex marriage are unconstitutional,” Spindelman said.



Ohio Gay Rights Community Encouraged By Court Rulings

June 26, 2013

Professor Marc Spindelman was quoted by NBC4 Columbus about what the Supreme Court's decisions to strike down the Defense of Marriage Act and Proposition 8 mean for gay rights. He said while Ohio still defines marriage as between a man and a woman, the Court's ruling was more far-reaching than he had anticipated.

"The basis for its (the court's) decision is grounded in principles of equality, that same sex relationships are just like their cross sex counterparts," Spindelman said. "And the reasoning, of course, not only applies to the federal defense of marriage act but to state bans on same sex marriage - that's the surprising part."



DOMA Decision Could Affect Ohio Marriage Laws in the Future

June 26, 2013

Professor Marc Spindelman was quoted by ABC 6 Columbus about the Supreme Court's decision to strike down the Defense of Marriage Act and California's Proposition 8, and what it could mean for Ohio in the future. He said the decision opens up the realm of possibility to challenge Ohio's defense of marriage statute and its constitutional ban on same-sex marriage.

Spindelman said the Court’s finding in the United States v. Windsor is significant because it hinges on equality, rather than states’ rights.

"The equal protection language of Windsor by its force appears to really call into serious question the validity of state prohibitions on same-sex marriage," he said.



Central Ohioans React To Supreme Court Same-Sex Marriage Decisions

June 26, 2013

Professor Marc Spindelman was quoted in a 10TV article about the Supreme Court rulings against the Defense of Marriage Act and Proposition 8. He said the Court's decisions could affect other moves toward equality.

"The basis for today's decision is grounded in the equality concerns, these equal protection concerns," Spindelman said. "The court installed a motor in the decision that drives much beyond the Federal Defense of Marriage Act."



Ohio sorts out impact of same-sex marriage decisions

June 26, 2013

Professor Marc Spindelman was quoted by The Plain Dealer in an article about what the Supreme Court's rulings on Proposition 8 and the Defense of Marriage Act could mean for Ohio. He said the court's rejection of the Defense of Marriage law contained language that could fuel the arguments of both proponents and opponents of same-sex marriage.

While the court opinion said allowing same-sex marriage is a state decision, Spindelman said the equal protection argument the court used to overturn DOMA could "be mobilized in such a way as to cast doubt on the constitutionality of not only DOMA, but state bans on same sex marriage."



Ohio sorts out impact of same-sex marriage decisions

June 26, 2013

Professor Marc Spindelman was quoted by Cleveland's The Plain Dealer in an article about the Supreme Court's decision to overturn the Federal Defense of Marriage Act as well as California's ban on same sex marriage. Spindelman said the court's rejection of the Defense of Marriage law contained language that will provide fodder to both proponents and opponents of same-sex marriage.

While the court opinion said allowing same-sex marriage is a state decision, Spindelman said the equal protection argument the court used to overturn DOMA could "be mobilized in such a way as to cast doubt on the constitutionality of not only DOMA, but state bans on same sex marriage."



Gay marriage in Supreme Court: Nation will be glued to Web awaiting rulings

June 23, 2013

Professor Marc Spindelman was quoted in the San Jose Mercury News in an article about the upcoming Supreme Court decisions challenging California's Proposition 8 and the Defense of Marriage Act. The Supreme Court's decisions are just a step in the battle over gay marriage, however, which Spindelman touched on.

"If the measure of satisfaction is that (the rulings) will be the end of the conversation, then everybody is sure to be dissatisfied," Spindelman said.



With civil unions, Bisbee, Ariz., joins gay-rights revolt against red states

May 22, 2013

Professor Marc Spindelman was quoted in a Christian Science Monitor article about Bisbee, a town in Arizona, and its attempt in securing gay rights. The story was reprinted by other outlets including Yahoo! News. Bisbee is one of several cities across the country that is attempting to legalize civil unions, even if the state does not have such a law. Spindelman said the laws' success will depend largely on how wide the gaps between cities and states are and whether courts are willing to reconcile the two sets of laws.

In Michigan, for instance, the Supreme Court interpreted the state's marriage amendment to prohibit same-sex marriages, civil unions, and domestic partnerships. So "there was less room for local governments and sub-state entities like universities to act," Spindelman said.



Gay Catholic-school teacher's firing raises questions

May 5, 2013

Professor Marc Spindelman was quoted in a story in The Columbus Dispatch about the constitutional questions surrounding the firing of Carla Hale, a Catholic school teacher who was fired after her mother's obituary listed Hale as having a partner. Hale has filed complaints with her local teachers union and the city's Community Relations Commission, saying her March firing was discriminatory. But it's unclear whether the city attorney would prosecute on those grounds, and Ohio and federal anti-discrimination laws do not cover sexual orientation.

“(The legal question) sits on important and deeper sets of not just city-ordinance rules but deeper constitutional rules,” Spindelman said. “Those clashes of deep principle, which often get worked out as constitutional decisions, are what’s underlying here.”

 



Fired gay teacher disputes bishops claims she violated contract

May 1, 2013

Professor Marc Spindelman was quoted by WOSU in a story about Carla Hale, a Catholic school teacher who was fired after her mother's obituary listed Hale's partner. Hale is filing complaints with a teachers union and the city of Columbus, alleging discrimination on the basis of sexual orientation. Spindelman said it will be important to her case to show the diocese was selective in enforcing employment rules stated in her contract with the school.

“(To) point out that there was something that was inconsistent about the applicability of the rules that marks this decision in Ms. Hale’s case as distinctive or special in ways that the law ought to recognize,” Spindelman said.



Carla Hale speaks on her controversial firing at Watterson School

May 1, 2013

Professor Marc Spindelman was a featured guest on All Sides with Ann Fisher on WOSU recently to discuss the firing of Carla Hale. A Catholic high school let her go after an obituary for Hale's mother mentioned Hale's own partner in the list of surviving family members. Hale, who also appeared on the show with Spindelman, is filing complaints with a teachers union and the city of Columbus, alleging discrimination on the basis of sexual orientation.



District says teacher was not fired for sexual orientation

April 24, 2013

Professor Marc Spindelman was interviewed by NBC 4 for a story about a Bishop Watterson physical education teacher who was fired from the Catholic high school after an obituary listed her spouse to be another woman. The former teacher has filed a discrimination complaint with the city of Columbus, and Spindelman said the case has several markers that could make it possible to reach the Ohio Supreme Court.

"Often times, anti-discrimination laws contain provisions that say these rules are general rules of applicability that prohibit discrimination on various basis, but if there's a particular type of religious reason or justification for the discrimination, then the anti-discrimination rule might not apply," Spindelman said.



District Says Teacher Was Not Fired For Sexual Orientation

April 24, 2013

Professor Marc Spindelman appeared on NBC4 news to talk about the possible court case surrounding Carla Hale, a former Bishop Watterson High School physical education teacher who was fired for what was referred to as "her written spousal relationship." "Often times, anti-discrimination laws contain provisions that say these rules are general rules of applicability that prohibit discrimination on various basis, but if there's a particular type of religious reason or justification for the discrimination, then the anti-discrimination may not apply," said Spindelman.



Town hall on same-sex marriage

April 11, 2013

Professor Marc Spindelman was interviewed by ABC 6/FOX 28 about Ohio's shifting views of same-sex marriage. "The views and the values of the people of the state of Ohio play an important role in shaping those values and representing which way the winds of change may or may not be blowing."



Views changing on gay marriage issue

April 9, 2013

Professor Marc Spindelman spoke with ABC 6/FOX 28 about the gay marriage cases being heard by the U.S. Supreme Court. "Some of this is about the future that is given to the next generation, and some of this is about the role of the next generation in claiming the future for themselves."



Local Family Waits for Same-Sex Marriage Ruling

March 26, 2013

Professor Marc Spindelman spoke with NBC 4's Nadia Bashir prior to the U.S. Supreme Court hearing oral arguments in two same-sex marriage cases. “It’s significant because it may reflect a kind of bellwether change in the status and views about same-sex marriage across the country," he said, referring to a pending referendum in Ohio.



Gay marriage and Supreme Court: Justice Anthony Kennedy at center of Proposition 8, federal cases

March 25, 2013

Professor Marc Spindelman was quoted in an article in the Mercury News regarding the Supreme Court case on gay marriage. "A common refrain is that the Supreme Court should only issue decisions that are durable," said Spindelman. "It looks like the winds of change are moving in one direction now. But it still might be too soon for the court."



Clarity on gay marriage coming soon from court

March 24, 2013

Professor Marc Spindelman was quoted in an article in the Columbus Dispatch about the role of the Supreme Court in deciding the legality of same-sex marriage. "Spindelman said the justices will have to decide between the notion that 'we live in a democratic society in which the will of the majority is the rule' and the concept that 'constitutional rights are not subject to popular vote.'"



Gay marriage at a crossroads in California

March 24, 2013


Professor Marc Spindelman was quoted in an article by The Desert Sun regarding the court cases on gay marriage in California. Judge Vaughn Walker overturned Proposition 8 in California and there is a chance that the United States Supreme Court could do the same. “That remains a very viable possibility,” said Spindelman..., referring to the Prop. 8 case. “It’s very interesting because it’s very deep inside baseball.” The Prop. 8 case would only be able to legalize marriage in California.



 



Professor Marc Spindelman on All Sides with Ann Fisher

December 12, 2012

Professor Marc Spindelman was a guest on All Sides with Ann Fisher on WOSU on Dec. 12, discussing the Supreme Court of the United States' decision to take up two cases involving same-sex marriage. "Ordinarily, federal benefits follow once you're married under state law. What is interesting is that once you have some states recognizing same-sex marriage, you have the federal goverment, through the federal Defense of Marriage Act (not recognizing them)," Spindelman said. The question remaining is "Whether the federal government has to follow, in a sense, the state definitions, or can it have its own definition?"



Gay-marriage backers nervously anticipate what court might do

December 8, 2012

Professor Marc Spindelman was quoted in an article in The Desert Sun regarding the U.S. Supreme Court case on gay-marriage. “If same-sex marriage ultimately prevails ... it’s fair to expect a decision that follows the basic pattern the Ninth Circuit set when striking Proposition 8 down: a narrowly-crafted decision emphasizing the uniqueness of Proposition 8, and so not directly addressing the constitutionality of other states’ marriage bans. But watch for signs of broader rulings to come,” Spindelman said.



U.S. Supreme Court to hear gay marriage cases, fulfill long quest of rights activists

December 7, 2012

Professor Marc Spindelman was quoted in an article in the Mercury News and the Contra Costa Times  regarding the U.S. Supreme Court case on gay marriage. "It's a distinct possibility the court will duck Proposition 8 by ruling on the standing issue," he said. "But just because it's an option, doesn't mean it's the most likely one. Too many factors are in play. Part of what's striking about (taking the two cases) is that it leaves so much up in the air."



Ohio State law professor: Impact of gay marriage ruling ‘remains to be seen’

October 23, 2012

Professor Marc Spindelman was quoted in an article in The Lantern about the effects of the recent ruling on a same-sex marriage case. “As a legal matter, the value of legal precedent does not depend on party affiliation, the thought being that judges sit and decide cases as judges, not as members of political parties,” Spindelman said. “As a political matter, many may well think it significant that the constitutional flaws of the federal Defense of Marriage Act are increasingly visible to judges across major party lines.”



Supreme Court Term May Be Historic for Gay Marriage

October 2, 2012

Professor Marc Spindelman was quoted in a Russian News agency article on the possibility of the Supreme Court of the United States taking up gay marriage this term.  The Proposition 8 challenge more closely addresses the issue of the constitutionally of bans on same-sex marriage than the DOMA lawsuits, said Marc Spindelman, a professor at the Moritz College of Law at Ohio State University. While the ruling in the California case was very specific to that particular amendment, gay marriage opponents may be eager to get a Supreme Court ruling on its legality in order to head off similar challenges in other states that currently ban same-sex marriages, Spindelman said. “Opponents see the possibility of this expansion, and that the way to address this is to expose the potential and logic of it,” he said.



California's Proposition 8 case headed to U.S. Supreme Court

June 5, 2012

Professor Marc Spindelman was quoted in an article by the Orville Mercury-Register about California’s Proposition 8, which would eliminate the right of same-sex couples to marry, going to the United States Supreme Court.

"I do think there is pressure on the more conservative justices on the Supreme Court to get this issue heard and decided sooner rather than later," Spindelman said.

The article was also published on mercurynews.com.



Defense of Marriage Act unconstitutional, another federal court rules

May 31, 2012

Professor Marc Spindelman was referenced in a San Jose Mercury News article about a federal appeals court in Boston ruling the 1996 Defense of Marriage Act unconstitutional. The ruling followed several other cases regarding gay marriage, including California’s Proposition 8.

Spindelman said, “The Supreme Court may be inclined to ‘proceed incrementally,’ taking whichever case provides the narrowest first glimpse of the gay marriage question."



Marriage amendment debate focuses on domestic violence

March 4, 2012

Professor Marc Spindelman was quoted in a News Observer article regarding some North Carolinians’ opposition to the same-sex marriage amendment on the May ballot. The article compared the amendment to Ohio.

"The pressure is on in other states to read the amendment more broadly. Meanwhile, does it leave victims of domestic violence without protection? This is not hypothetical. It happened in Ohio," Spindelman said. "Proponents, when faced with those concerns, initially responded with a kind of sneering dismissal that anything like this would be likely to happen."



Gay marriage amendment’s broader effects debated

February 18, 2012

Professor Marc Spindelman was quoted in an Associated Press article that analyzed the possible broader impacts of gay marriage laws.  For example, in Ohio, which passed an amendment banning gay marriage or civil unions in 2004,  at least seven trial courts ruled that the amendment prevented them from issuing domestic violence protection orders or even charging unmarried people with the crime of domestic violence.

“The idea behind Ohio’s domestic violence laws is that it’s to treat unmarried partners the same as married partners for purposes of protection,” said  Spindelman. “The purpose of the marriage amendment was to prevent unmarried couples from being treated as if they’re married. Pretty shortly after the marriage amendment passed, defense lawyers in some domestic violence cases started using the marriage amendment in exactly the way we thought they would.”



Organizers of This Sunday's Marriage Equality Event Speak with WOSU's Ann Fisher

February 10, 2012

Professor Marc Spindelman was mentioned in an Examiner article discussing the Freedom to Love, Freedom to Marry interfaith event.



Proposition 8 ruling worded to discourage Supreme Court intervention, experts say

February 8, 2012

Professor Marc Spindelman was quoted in The Desert Sun, a Palm Springs, Calif. newspaper, for an article about a federal court decision to uphold the unconstitutionality of California Proposition 8 and the chances the U.S. Supreme Court will take up the issue. “The 9th Circuit is trying to frame it,” said  Spindelman. “The case against Proposition 8 got stronger on appeal. But the winds that blow against this decision are very powerful.”



CA Supreme Court Will Hear Pro-Prop 8 Arguments

September 7, 2011

Professor Marc Spindelman was quoted by The New American in an article about arguments before the California Supreme Court pertaining to Proposition 8, the state's gay marriage ban. The court will rule on whether proponents of Prop 8 have the right to appeal a federal judge's ruling that the ban is unconstitutional.

“What the court has before it are questions about how the state’s direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Spindelman, a constitutional law expert, explained.

“Who speaks for the people and the state-and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?”



California's same-sex marriage ban faces next legal challenge

September 7, 2011

Professor Marc Spindelman was quoted by Catholic Online in an article about arguments before the California Supreme Court pertaining to Proposition 8, the state's gay marriage ban. The court will rule on whether proponents of Prop 8 have the right to appeal a federal judge's ruling that the ban is unconstitutional.

“What the court has before it are questions about how the state’s direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Spindelman, a constitutional law expert, explained.

“Who speaks for the people and the state-and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?”



California Same-Sex Marriage Ban Returns To Court

September 6, 2011

Professor Marc Spindelman was quoted in an NPR story about the ongoing court battle over Proposition 8, California's gay marriage ban, that aired on Morning Edition on Sept. 6, 2011. At issue is whether proponents of Prop 8 have the legal authority to appeal a federal judge's decision to rule Prop 8 unconstitutional.

The State Supreme Court's decision is likely to influence the Ninth Circuit Court of Appeals, Spindelman said. "If the California Supreme Court says there is no standing under state law, the Ninth Circuit won't go on, presumably, to reach the merits of the case," he said.



California gay marriage ban faces next legal hurdle

September 6, 2011

Professor Marc Spindelman was quoted by The Associated Press in an article about arguments before the California Supreme Court pertaining to Proposition 8, the state's gay marriage ban. The court will rule on whether proponents of Prop 8 have the right to appeal a federal judge's ruling that the ban is unconstitutional.

“What the court has before it are questions about how the state’s direct democracy rules should be understood to sync with its constitutionally-based ideas of representative government," Spindelman, a constitutional law expert, explained.

“Who speaks for the people and the state-and when? Can unelected officials determine how state law will be defended? Should they be allowed to defend the law when state officials elected by the people to represent them will not? Are state officials who refuse to defend a legal measure on appeal practically exercising a veto right that the rules of direct democracy in California do not allow?”



State Supreme Court To Hear Prop. 8 Arguments

September 4, 2011

Professor Marc Spindelman was quoted in a KTVU story on the ongoing court battle over Proposition 8, California's gay marriage ban. At issue is whether proponents of Prop 8 can appeal a federal judge's decision to rule the proposition as unconstitutional. While the issues before the California Supreme Court are procedural, "they are no sideshow," Spindelman said. 

 

"What the court has before it are questions about how the state's direct democracy rules should be understood to synch with its constitutionally-based ideas of representative government," Spindelman said. "Who speaks for the people and the state - and when?" he asked.



GOP bills target abortion in Ohio

July 29, 2011

Professor Marc Spindelman was a source for The Repository, the daily newspaper serving the Canton area, for an article about a house bill that would outlaw abortions if the fetus has a heartbeat. Spindelman said the U.S. Supreme Court would have to drastically overturn several established court precedents to uphold the fetal heartbeat bill. And, he said, the post-viable abortion ban may not withstand court review.



'Co-parents' need formal agreement, justices rule

July 13, 2011

Professor Marc Spindelman was quoted in a Columbus Dispatch article about a recent Ohio Supreme Court ruling in a child custody case involving a same-sex couple. Spindelman said it is not surprising the Supreme Court deferred to the juvenile judge's view of the evidence. That decision was upheld by the 1st District Court of Appeals. "Under the right set of facts, the court appears ready to uphold a shared-custody agreement."



Gay Marriage: The Coming Clash of Civil and Religious Liberties

July 2, 2011

Professor Marc Spindelman was quoted in a Time Magazine article on the impact the historic vote on same-sex marriage in New York will have on the rest of the country.  "The New York vote marks a particular and important shift in the political landscape around same-sex marriage," said Professor Marc Spindelman of the Ohio State University law school, who has followed gay marriage's serpentine legal path for years. "Who, a few years ago, could have imagined a high-profile Democratic governor leading the political charge for this still-controversial right in a state with a Republican-controlled senate, and with the help of major Republican party donors, to boot?"


 

 



Abortion bill wins early vote

March 31, 2011

Professor Marc Spindelman was quoted in a Columbus Dispatch article about the "heart beat" bill currently being debated in the Ohio Legislature. The article said: "An Ohio State University law professor cautioned yesterday that "House Bill 125 cannot be upheld in its entirety under existing federal constitutional rules." Marc Spindelman testified that the U.S. Supreme Court has found that states cannot block a woman from seeking an abortion of a nonviable fetus. The proposed legislation, he said, would ban abortions at a point where the fetus could not likely survive outside the womb. "This constitutional conclusion is unaffected by what a number of proponents and supporters of House Bill 125 regard as its noble purposes: the protection and preservation of human life," Spindelman said."



Ohio's marriage amendment called safe

February 26, 2011

Professor Marc Spindelman was quoted in a Columbus Dispatch story about what effect the Obama administration will have on Ohio’s same-sex marriage ban. The story states: “Marc Spindelman, an Ohio State University Moritz College of Law professor, said the president's order is not binding on state courts and thus is not an immediate threat to Ohio's amendment, which defines marriage as solely between one woman and one man. However, he said it almost certainly will have an impact in the future.”



Same-sex marriage: Courts expected to heed Obama move

February 24, 2011

Professor Marc Spindelman was quoted in a San Francisco Chronicle story about President Obama’s decision to stop defending the Defense of Marriage Act. The story states: “Courts have used a similar analysis to strike down laws that discriminate against women. Only a handful of courts - including the California Supreme Court - have applied the same test to sexual orientation, but the administration's standard could tip the scales against Prop. 8 and other state laws banning same-sex marriage, said Marc Spindelman, an Ohio State law professor.”



Speaker's NY death highlights assisted-suicide law

February 13, 2011

Professor Marc Spindelman was quoted in an Associated Press story about a New York motivational speaker’s death. The story was printed in more than 200 newspapers. It states: “‘This case has 'unusual' written all over it,’ says Marc Spindelman, a professor at Ohio State University's Michael E. Moritz College of Law. He studies legal issues surrounding death and dying.”



Pa. woman says husband married another woman in Mahoning Co.

February 8, 2011

Professor Marc Spindelman was quoted in a Youngstown Vindicator story about a case of bigamy and the laws surrounding it. The story states: “‘It’s a largely unnoticed but not at all insignificant feature of various constitutional marriage amendments. In addition to banning same-sex marriages, they regularly operate to preclude the state from recognizing plural marriages,’ said Spindelman.”



Marc Spindelman, Essay, Sexuality’s Law, 20 Colum. J. Gender & L. (forthcoming 2011).

January 12, 2011

Professor Marc Spindelman’s forthcoming article in the Columbia Journal of Gender and Law was praised by Robin West in Jurisprudence JOTWELL. West calls Spindelman’s essay “one of the most extraordinary pieces of legal writing on the interrelations of law, culture and sexuality to appear in a law journal in well over a decade, perhaps much longer.” She continues: “This is writing that matters, that serves truth, that responds to injury, and that restores one’s faith in the legal academy; this is what legal scholarship can be.”



Overcoming Sexual Victimization of Boys & Men

December 9, 2010

Professor Marc Spindelman was guest on All Slides with Ann Fisher on WOSU during the second segment of the show.



Expect More Legal Twists In Battle Over Prop. 8

December 6, 2010

Professor Marc Spindelman was recently quoted in an NPR segment about the ongoing legal battle over same-sex marriage, in California. The story states: “‘Their best argument that they have standing appears to be an argument that says that the state courts allowed them to defend the marriage amendment in the state courts, and so that they ought to be allowed and understood to have standing under state law to defend in federal court as well,’ Spindelman says.”



Are the Courts Ahead of the Public on Gay Rights?

November 23, 2010

Professor Marc Spindelman was quoted in a TIME magazine story about gay rights in both the courts and in popular opinion. The story states: "‘[Might] the backlash prove to be powerful enough to delay permanent recognition of gay marriage? There is unquestionably the risk,’ law professor Marc Spindelman of the Ohio State University tells TIME. ‘Before [Ted] Olson and [David] Boies brought their Prop 8 case ... there were deep concerns about the timing of the case because of concerns that not enough groundwork had been done to win support for gay marriage.’”



'Don't Ask, Don't Tell': An End to Court Deference to the Military

October 20, 2010

Professor Marc Spindelman was quoted in a TIME magazine story regarding a federal judge’s decision to not back down for her order to stop the enforcement of “don’t ask, don’t tell.” The story states: "‘Part of what is interesting here is that while Judge Phillips' order formally puts 'Don't ask, don't tell' and its constitutionality front and center, right behind that issue are important questions about the deference shown by the judiciary to the military where a military policy has been duly enacted by the Congress and signed by a President into law,’ says Marc Spindelman of Ohio State University's law school.”



Prop 8 appeal creates legal thicket

August 12, 2010

Professor Marc Spindelman was quoted in a Bay Area Reporter article about the legal standing of an appeal to Chief U.S. District Court Judge Vaughn Walker's ruling striking down Proposition 8, California’s ban on same-sex marriage that was passed by voters in November 2008. Now only the state's governor or attorney general can appeal Walker's decision. Spindelman was quoted on the likelihood of the issue being brought all the way to the U.S. Supreme Court: “Marc Spindelman, a professor of law at Ohio State University, agreed that it is more likely for the case to land before the Supreme Court if the appeals court rules on behalf of same-sex couples. ‘A decision by the 9th Circuit to declare a right to same-sex marriage is more likely to get reviewed by the Supreme Court than a decision that leaves same-sex couples in California only with domestic partnerships,’ said Spindelman. ‘The folks people who think of as liberals on the court are not itching for an opportunity ... they have given no evidence they are spoiling for a fight or spoiling for an occasion to declare a right for same-sex marriage.’”



Making a Supreme Court Case for Gay Marriage

August 9, 2010

Professor Marc Spindelman was quoted in a Time Magazine article about gay marriage in California, after a federal judge in San Francisco struck down the state’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman was quoted on the factors that would come up during a trial in the case: “Professor Marc Spindelman of the Ohio State University law school extols Walker's decision as a two-pronged ‘constitutional knockout,’ but nevertheless tells TIME that a victory at the trial level hardly determines its ultimate outcome. ‘On appeal, not all facts are equal,’ he says. ‘Fundamentally, [the ruling] turns on questions of law. What does the Constitution mean? What is the right to marry? How broad or narrow is it? The facts produced at trial — and the facts that were not produced at trial — can help answer these and other legal questions. But they don't decide which legal questions will finally govern the disposition of the case.’”



Judge Voids California Ban on Gay Marriage

August 5, 2010

Professor Marc Spindelman was quoted in a Wall Street Journal article about gay marriage in California, after a federal judge in San Francisco struck down the state’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman was quoted regarding the outcome of an appeal to the judge’s ruling: “‘I don't think it's a shoo-in’ for an appeal of the case to win at the Supreme Court, said Marc Spindelman, a law professor at Ohio State University who has been following the case. Still, after Judge Walker's ruling, ‘clearly the burden of justification as a matter of practical reality is on the supporters of Prop. 8.’”



At Issue with Gene Purcell in for Ben Merens

August 5, 2010

Professor Marc Spindelman was a guest on Wisconsin Public Radio’s “At Issue” show discussing the recent federal judge ruling in California to overturn a ban on gay marriage that was approved by voters in November 2009. The judge concluded that a ban on gay marriage denied the equal rights of gays and lesbians in the state. Spindelman spoke on the finality of the ruling: “It’s not over. It’s an important decision. It’s the first time that a federal court has said that the fundamental right to marriage includes the right to same-sex marriage…but it’s absolutely not the last word in the case.” (Download required.)



Federal judge strikes down California's ban on same-sex marriage

August 4, 2010

Professor Marc Spindelman was quoted in a San Jose Mercury News about gay marriage in California, after a federal judge in San Francisco struck down the state’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman was quoted regarding whether this ruling will take a permanent stand: “‘The decision grounds its legal conclusions in the factual findings as powerfully as it can,’ said Marc Spindelman, an Ohio State University law professor who has followed the issue closely. ‘But there's no guarantee that, even decided this way, it will hold against the winds sure to blow as the case is taken up. Far from it.’”



Ban on gay marriage overturned in California

August 4, 2010

Professor Marc Spindelman was a guest on Fox 29 in Philadelphia where he was asked to comment on the affects of a decision from a federal judge in San Francisco, which struck down California’s ban on same-sex marriage, concluding that it tramples on the equal rights of gay and lesbian couples and that they are entitled to be married throughout the state. The ban, known as Prop. 8 was passed by voters in November 2008. Spindelman said: “It’s the first time that a federal judge has announced that the federal constitution protects a constitutional right to marriage that includes the right of individuals to marry, not only somebody of the opposite sex, but also same sex couples.”



Judge: Federal Gay Marriage Ban Is Unconstitutional

July 9, 2010

Professor Marc Spindleman was quoted in an NPR story about the constitutional right of gay men and women to marry. The article discusses a U.S. District Court ruling in Boston, in which a judge said that part of the Defense of Marriage Act is unconstitutional. Spindleman was quoted on the possible influence of the ruling: “But Ohio State University professor Marc Spindelman says the Massachusetts decision may prove to be broadly influential. ‘The court's decision doesn't box any other court in, but it's certainly likely to be persuasive authority and virtually certain to have a significant ripple effect,’ Spindelman says.”



Court backs law school in anti-bias case

June 29, 2010

Professor Marc Spindelman was quoted in a Columbus Dispatch article regarding the U.S. Supreme Court ruling Monday morning that public colleges and universities can require that religious groups seeking recognition or funds as a campus group adhere to anti-bias rules. The case dealt with the University of California Hastings College of Law, but Spindleman noted the possible effect on other public law schools: “The Supreme Court decision makes it clear that public colleges can - but don't have to - allow exemptions to their nondiscrimination policies, said Marc Spindelman, a constitutional-law professor at Ohio State. ‘If yesterday it looked like there might be clouds of doubt, now those clouds have rolled away.’”



Anti-Bias rules upheld in Supreme Court - University of California Law School barred religious group

June 29, 2010

Professor Marc Spindelman was quoted in an article on Examiner.com about the recent U.S. Supreme Court ruling public universities have the right to require that campus organizations follow anti-bias rules if they are seeking recognition or funding. The ruling came after a California chapter of the Christian Legal Society wanted to ban gays and lesbians from membership despite their universities anti-bias rules. Spindleman was quoted regarding the effect this will have on other public universities: “Today's Supreme Court ruling ‘charts a course for other public law schools to follow in defending their own non-discriminatory policies,’ said Marc Spindelman, a constitutional law professor at Ohio State University.”



Anti-Bias Rules Upheld

June 28, 2010

Professor Marc Spindelman was quoted in an Inside Higher Ed story regarding the U.S. Supreme Court ruling Monday morning that public colleges and universities can require that religious groups seeking recognition or funds as a campus group adhere to anti-bias rules. The case dealt with the University of California Hastings College of Law, but Spindleman noted the possible effect on other public law schools: “Marc Spindelman, a constitution law professor at Ohio State University, said that the Supreme Court's decision ‘charts a course for other public law schools to follow in defending their own non-discrimination policies.’ He said that the opinion ‘may embolden public law schools that granted Christian Legal Society groups a unique right to discriminate to reconsider those decisions. The Court minced no words when it said the Christian Legal Society was asking for ‘a preferential exception.'”



Judge To Take Weeks To Rule On Gay Marriage

June 17, 2010

Professor Marc Spindelman was featured on NPR’s Morning Edition about upcoming closing arguments in a federal trial regarding the state’s ban on same-sex marriage. The story states: "‘It looks from the questions that he's thinking through all of the possible consequences of the different avenues of decision even to the smallest detail,’ said Marc Spindelman, a law professor at Ohio State University.”



Charges Reduced in Motivational Speaker Death

June 17, 2010

Professor Marc Spindelman was quoted in an NBC New York story about the murder charges of man who murdered a motivational speaker. Charges against the man were lessened to a second degree murder charge after his claims that the speaker had wanted to die were validated. Spindleman was quoted on the general policies that are upheld in these situations: “In general, courts have said ‘consent is no defense — that if you intended to do what you did ... the fact that there was some part of you that was motivated by compassion isn't enough,’ said Marc Spindelman, a professor at Ohio State University's Michael E. Moritz College of Law. He studies legal issues surrounding death and dying.”



California's Gay-Marriage Battle Heads for the Judge

June 16, 2010

Professor Marc Spindelman was quoted in a TIME magazine story about a federal trial in California regarding the state’s ban on same-sex marriage. The story states: "‘If the court rules for the [anti–Prop 8] plaintiffs, the norms of constitutional decision making, backed by the certainty of appellate review, create pressure to issue a narrow ruling,’ Spindelman tells TIME. But, he adds, ‘existing legal precedents, backed by the witness of history, might be taken to recommend a broader, more sweeping result. What the judge's questions show is that there are a surprising number of pathways leading to the plaintiff's bottom line that California's marriage amendment violates that U.S. Constitution.’”



Backers of marriage amendment object to plan to expand state-worker benefits

June 16, 2010

Professor Marc Spindelman was quoted in a Columbus Dispatch story about Ohio’s efforts to expand benefits for same-sex couples. The story states: “Spindelman said the benefits involved are limited and the proposed change is not an attempt to make same-sex relationships the full equivalent of marriage - which is what the Ohio Supreme Court said in a 2007 ruling was required to conflict with the amendment. ‘It's hard to see why the proposal should get hung up,’ he said, adding that it is ‘a small but not an insignificant step’ for the state.”



Proposition 8 trial reaches final stage

June 13, 2010

Professor Marc Spindelman was quoted in a San Jose Mercury News story about the upcoming closing arguments in the federal case challenging California’s Proposition 8. The story states: "‘The judge has thought all the way through this,’ said Marc Spindelman, an Ohio State University law professor who reviewed the questions. ‘There are lots of avenues for decisions being opened up here.’”



Faith-based nondiscrimination cases being evaluated within the nation's law schools

May 11, 2010

Professor Marc Spindelman was quoted in a Daily Reporter story regarding the U.S. Supreme Court case, Christian Legal Society v. Martinez. The story states: "‘This case is important in terms of the authority of universities to set and enforce non-discrimination policies ... in order to establish the type of safe environments that they believe non-discrimination policies further,’ Spindelman said. ‘This is the latest movement in the ongoing culture wars involving the claims of religious organizations on the one side, and lesbian and gay rights on the other.’”



Murder Charge Upheld in Bizarre Motivational Speaker Slay

April 15, 2010

Professor Marc Spindelman was quoted in an Associated Press story about an apparent assisted suicide in New York. The story states: “In general, courts have said ‘consent is no defense — that if you intended to do what you did ... the fact that there was some part of you that was motivated by compassion isn't enough,’ said Marc Spindelman, a professor at Ohio State University's Michael E. Moritz College of Law. He studies legal issues surrounding death and dying.”



Ohio Supreme Court Chief Justice Moyer Dies at 70

April 2, 2010

Professor Marc Spindelman was quoted in an Associated Press story, which was published in several newspapers around the country including The New York Times and The Washington Post, regarding the recent passing of Ohio Supreme Court Chief Justice Thomas Moyer. The story states: “‘This is a reeling loss for the court. The chief justice was a great statesman, in addition to being an absolutely hardworking public servant and just a very decent human being,’ Spindelman said. ‘He was the court's moderating impulse.’” A correction to this story was published here.



Gay Marriage: Prop 8 Trial Rests, and a Key Ruling Awaits

January 29, 2010

Professor Marc Spindelman was quoted in a Time magazine story about the Prop 8 trial in California. The story said: "‘The stone-cold truth is there's more to opposition to same-sex marriage than the view that homosexuality is immoral, big part of it though that is,’ says Professor Marc Spindelman of Ohio State University's Moritz College of Law. ‘While evidence suggests there were those who thumped for Prop 8 who did so from religious scruples, not everybody who voted for it did.’”



Will California gay-marriage trial go to Supreme Court?

January 26, 2010

Professor Marc Spindelman was quoted in the Christian Science Monitor about the ongoing trial in California regarding same-sex marriages. The story states: "‘The national marriage project was assiduously avoiding a federal court challenge. They were working slowly toward [it],’ says Marc Spindelman, a law professor at Ohio State University and an expert on gay and lesbian rights. But, he adds, ‘if there's a circuit court that's likely to recognize same-sex marriage’ it's the Ninth Circuit, under which the district court falls and which is often branded the most liberal.”



Proposition 8 trial at a crossroads

January 24, 2010

Professor Marc Spindelman was quoted in a San Jose Mercury News story about the ongoing trial in California regarding same-sex marriages. The story states: "‘It's a clash of world views,’ said Ohio State University law professor Marc Spindelman, ‘not a simple matter of quote, unquote, facts.’”



Children key in Prop 8 trial

January 14, 2010

Professor Marc Spindelman was quoted in a Bay Area Reporter story about how children are factor in the Proposition 8 trial in California. The story states: “‘Gay sex doesn't bother people anymore. It doesn't inspire the fear it once did,’ said Marc Spindelman, an Ohio State University law professor and expert in family law and lesbian and gay rights. ‘To generate that kind of heat and anxiety, you have to talk about kids.’”



Prop. 8 trial: Did animosity drive California's gay marriage ban?

January 13, 2010

Professor Marc Spindelman was quoted in a Christian Science Monitor story about what led to the ongoing Proposition 8 trial in California. The story states: “The animus argument could prove difficult, says Marc Spindelman, a law professor at Ohio State University. ‘Even if it’s true that the proponents of Prop. 8 are motivated by animus, there’s a question if that’s enough to invalidate a majority of California’s votes,’ he says.”



Trial on gay-marriage ban starts in California

January 11, 2010

Professor Marc Spindelman was mentioned in a USA Today story about the start of a trial in California challenging the constitutionality of Proposition 8. The story states: “Whichever way it goes, the decision is likely to be appealed to the Supreme Court, said Marc Spindelman, an Ohio State University law professor who studies gay civil rights issues.”



Gay Marriage Ban Faces High-Stakes Test In Trial

January 11, 2010

Professor Marc Spindelman was quoted in a National Public Radio story previewing the upcoming court battle in California challenging Proposition 8. The story states: "‘Perhaps the greatest hope of the case is that it will reframe the debate about same-sex marriage in new sorts of ways, not least of all because it's not the gay-rights establishment that’s leading the charge in court, but a team of superlawyers most famous for their role as adversaries in the 2000 election,’ says Marc Spindelman, a law professor at the Moritz College of Law at Ohio State University.”



After New Jersey defeat, gay marriage advocates turn to courts

January 8, 2010

Professor Marc Spindelman was quoted in a Christian Science Monitor story about ongoing battles in legislatures and courts regarding same-sex marriages. The story states: “‘The reason that you don’t turn back to the courts too soon is that this can’t be a project of the legal elite,’ says Marc Spindelman, a law professor at Ohio State University. ‘When the citizenry don’t recognize themselves in the [decision], there’s the potential for backlash.’”



On marriage rite, gays refocus on just unions

January 7, 2010

Professor Marc Spindelman was quoted in a USA Today story about advocates of same-sex marriage planning to push for civil unions in 2010. The story stated: “Marc Spindelman, a law professor at Ohio State University, says a referendum may be the more likely way to overturn the law. ‘These fights have a way of coming back, even if they seemed to have been won,’ he says. Spindelman says a more important case is a federal trial in California, set for Tuesday, on a challenge to the state's voter-approved ban on gay marriage. It will consider whether the equal protection clause of the 14th Amendment covers same-sex couples and marriage. Whichever way it goes, the decision is likely to be appealed to the Supreme Court, he says.”



Proposition 8 case headed back to court

October 12, 2009

Professor Marc Spindelman was quoted in a Mercury News article regarding a federal judge considering an attempt to short-circuit the challenge to Proposition 8. The story states: “Marc Spindelman, an Ohio State University law professor, said Walker will have to deal with the U.S. Supreme Court precedent. But he said the judge could determine much has changed on the gay marriage subject since 1972 and find that the Proposition 8 challenge should go to trial. ‘This is a tough question,’ he said. ‘Unquestionably, the Supreme Court has moved on the question of lesbian and gay rights since the time Baker was decided.'"



San Francisco federal judge to hear latest legal challenge to Proposition 8

June 29, 2009

Professor Marc Spindelman was quoted in a MercuryNews.com article regarding whether the latest legal challenge to Proposition 8 will remain ruled by the state or presented to the Supreme Court:  The story states: "Both outcomes are available,'' said Marc Spindelman, an Ohio State University law professor following the issue closely. "But it's not inconceivable the courts may think it's too soon for the federal courts to weigh in and settle the matter one way or the other.''



Anti-Prop. 8 forces should wait for 2012 ballot, pollsters say

May 28, 2009

Professor Marc Spindelman was quoted in a Sacramento Bee story about efforts to overturn the upholding of a statewide ban on same-sex marriages. The story states: “Marc Spindelman, a professor at Ohio State University's Moritz College of Law, said the 1967 ruling came as the United States had been clearly shifting away from racially discriminatory laws, on both political and legal levels. ‘It's not clear yet that we have arrived at a moment in our country's history where the emerging consensus, unequivocally, is in favor of same-sex marriage,’ Spindelman said. ‘This suit may just be a little too soon.’”



Same-sex marriage: California Supreme Court had little choice but to uphold Proposition 8

May 26, 2009

Professor Marc Spindelman was quoted in a San Jose Mercury News story regarding the California Supreme Court’s decision to uphold Proposition 8, which banned same-sex marriages in the state. The story states: “‘The court construes the marriage amendment very narrowly,’ said Marc Spindelman, an Ohio State University law professor. Under the ruling, ‘the only thing Prop. 8 did was take away the word 'marriage' for same-sex couples. The state otherwise has to treat the relationship exactly the same.’”



California court upholds Prop 8

May 26, 2009

Professor Marc Spindelman was quoted in a Washington Blade story about the California Supreme Court’s ruling to uphold a state constitutional amendment that stopped same-sex marriages in the state. The story states: “Marc Spindelman, who's gay and a law professor at Ohio State University, said if voters could amend the California constitution by reinstating the death penalty, as voters did in 1972, it's ‘hard to see’ how the court made unsound reasoning in determining that Prop 8 was an amendment and not a revision. ‘To make this case a case about a revision and not an amendment would have, at the very least, required the court to expand the scope of its precedents on the meaning of a revision in a way that would have made it seem as though an activist court was going out of its way to thwart the will of the people,’ he said.”



Constitutionality of Doyle's domestic partner registry in question

April 12, 2009

Professor Marc Spindelman was quoted in a Wisconsin State Journal story about the state’s possible creation of a domestic partner registry for same sex couples. The story states: “Marc Spindelman, a law professor at Ohio State University and an expert on legal issues surrounding homosexuality, said Doyle’s proposal may be designed to provide same-sex couples as many benefits as possible while not overstepping the boundary prohibited by the constitution.”



Experts predict Calif. justices will uphold Prop 8

March 13, 2009

Professor Marc Spindelman was quoted in a Washington Blade story about the California Supreme Court arguments over Proposition 8. The story states: “Marc Spindelman, who’s gay and a law professor at Ohio State University, said he ‘would be very surprised’ if in addition to upholding the amendment, justices said Prop 8 ‘nullifies all of the marriage that were entered into pursuant to [their] decision’ last year.”



California Supreme Court to weigh gay marriage case again

March 3, 2009

Professor Marc Spindelman was quoted in a San Jose Mercury News story about the upcoming arguments in California involving gay marriage. The story states: “‘It'll be a surprise if the California Supreme Court isn't legally humbled by the constitutional amendment,’ said Marc Spindelman, an Ohio State University law professor following gay marriage issues around the country.”



Another win for gay rights

August 19, 2008

Professor Marc Spindelman was quoted in a San Diego Mercury News story about a California Supreme Court ruling that says doctors cannot discriminate against people they provide services to based on those people’s sexual orientation. "This just adds fuel to that fire and underscores the urgency for cultural conservatives at winning where they can win," Spindelman said.



California Supreme Court: State constitution gives gays the right to marry

May 16, 2008

Professor Marc Spindelman was quoted in the San Jose Mercury-News regarding a California Supreme Court ruling that found the state’s ban on same-sex marriage unconstitutional. The story stated: “‘It's hard to see how what happened today in California stays in California,’ said Marc Spindelman, an Ohio State University law professor and expert on same-sex marriage issues.”



Ban on same-sex health coverage upheld

May 8, 2008

Professor Marc Spindelman was quoted in The Detroit News about a Michigan Supreme Court ruling that prevents public institutions from offering gay couples health coverage. “The ruling gives the state marriage amendment ‘the most sweeping reading possible,’ said Marc Spindelman, a visiting professor at the University of Michigan. Spindelman, an expert on constitutional law, sex equality and lesbian and gay rights, said the court's reading of Proposal 2 ‘does maximal damage to the equal rights of lesbians and gay men.’”



Governor sidesteps benefits battle

November 19, 2007

Professor Marc Spindelman was quoted in an Associated Press story that was published by several Ohio newspapers and television stations, including the Cincinnati Post and the Akron Beacon Journal. The story details Ohio Gov. Ted Strickland’s decision to include compensation, and not benefits, in his May order that banned workplace discrimination of sexual orientation and gender identity. "It looks to me that this is more of a political judgment than it is a principled judgment," said Marc Spindelman, an Ohio State University law professor and gay rights advocate. "It may be that the governor doesn't want to arouse a sleeping giant."



U Cincinnati becomes the 7th state school with partner benefits

November 2, 2007

Professor Marc Spindelman was quoted in the Gay People’s Chronicle regarding the University of Cincinnati offering partner benefits. The story states: “Ohio State University law professor Marc Spindelman said in July that the ruling also cleared the way for establishing LGBT rights and benefits, as long as they stop short of offering all of the benefits of marriage. Spindelman pointed to part of the majority opinion written by Chief Justice Thomas Moyer. He says it is the key to what the court thinks of the amendment’s second sentence, which reads: ‘This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effect of marriage.’”



Governor: Order doesn't include partner benefits

August 17, 2007

Professor Marc Spindelman was quoted in a Gay People’s Chronicle story regarding Ohio Governor Ted Strickland saying his executive order prohibiting employment discrimination doesn’t include benefits for domestic partners.



Ohio court redefines the future for gays, lesbians

August 16, 2007

Professor Marc Spindelman published an Opinion Editorial in the Cleveland Plain Dealer about the Ohio Supreme Court’s decision in State of Ohio v. Carswell. Spindelman writes that the court’s decision is a great advantage to the state’s lesbian and gay community. “To this extent, at least, Carswell has reopened a future for lesbians and gay men in Ohio, which until recently seemed very, very bleak. Even better, it has done so while affirming women's equality rights. Not a bad day for a conservative court.”



Marriage ban shrank a little last week

August 3, 2007

Professor Marc Spindelman was quoted in a Gay People’s Chronicle story regarding the State of Ohio v. Carswell case decided by the Ohio Supreme Court. The Court ruled that an Ohio law barring domestic violence against an unmarried person who is living with the offender “as a spouse” merely identifies a class of people who are protected by the statute and does not create or recognize a legal relationship that approximates marriage in violation of Ohio’s same-sex marriage ban. “The court has rolled back the cloud of doubt that the marriage amendment rolled in over LGBT rights,” said Ohio State University law professor Marc Spindelman. “The working assumption that the amendment would be an obstacle is gone.” Spindelman was quoted in similar articles in Bay Windows and several other publications.



Group promotes embryo 'adoption'

August 3, 2007

Professor Marc Spindelman was quoted in a Columbus Dispatch story regarding a Christian group coming to Columbus to encourage the “adoption” of unused embryos. The story said that critics of the group take issue with the use of the word adoption. “I can understand why some people would be upset by the notion that (groups are) calling this adoption,” said Marc Spindelman, an Ohio State University law professor. “The reason this is being called adoption has more to do with the moral status of the embryo as a human being or not than it does anything else. There’s a way in which the attempt is to begin to weave into the law the notion that fertilized eggs are human beings.”



Domestic violence laws secure

July 31, 2007

Professor Marc Spindelman was cited in a Toledo Blade editorial regarding the Ohio Supreme Court’s ruling in Ohio v. Carswell. The editorial praised the court for making a ruling that upheld justice for married and unmarried victims of domestic violence. The editorial says: “The distinction, said Ohio State University law professor Marc Spindelman, indicates the court’s willingness to interpret the marriage amendment ‘in a way that’s conditioned on reason, not inflamed by passions of traditional morality.’”



Unmarried partners do have rights

July 26, 2007

Professor Marc Spindelman was quoted in stories in the Columbus Dispatch, Cincinnati Enquirer, Cleveland Plain Dealer, Dayton Daily News, Akron Beacon-Journal and several other newspapers in Ohio and across the country about an Ohio Supreme Court decision regarding the state’s domestic violence statute. The Court ruled that an Ohio law barring domestic violence against an unmarried person who is living with the offender “as a spouse” merely identifies a class of people who are protected by the statute and does not create or recognize a legal relationship that approximates marriage in violation of Ohio’s same-sex marriage ban. Spindelman, an expert in constitutional law and lesbian and gay rights, was quoted in the Dispatch as saying: “My suspicion is that cultural conservatives must be deeply concerned about the court’s ruling today.”



Anti-incest ruling upheld despite no blood relation

March 1, 2007

In this Columbus Dispatch article on the Ohio Supreme Court's ruling that the state's antiincest law applies even when there is no blood relationship and both parties are consenting adults, professor Marc Spindelman said that whether the ruling survives a challenge might depend on whether the court merely is taking a stand for traditional morality or whether it is preventing harm to children. "Here, the state isn't proving harm, it's presuming harm," said Spindelman. On the other hand, Ohio's incest law likely would survive a challenge if it could be shown to protect children from sexual abuse, he said.



Gender identity policies changing

January 22, 2007

Professor Marc Spindelman is quoted in this Dayton Daily News story on gender identity discrimination policies changing under the new leadership in Ohio. Spindelman said a broad interpretation of "gender identity" could cover nonconforming people such as cross dressers and pre- and post-surgery transsexuals. "It seems hard to imagine that there won't be some people in the state who are incredibly upset by the notion that people will be being judged simply on the basis of their merit and their workplace performance," Spindelman said.



Gay marriage amendment case argued

December 13, 2006

In this Associated Press story that appeared in the Cincinnati Enquirer story on whether Ohio's gay marriage ban prevents domestic violence charges against unmarried people, professor Marc Spindelman said the high court must also grapple with the moral implications of their ruling. "There's something even broader at stake here, which is how much is it possible for the forces of traditional morality in the state of Ohio to commandeer the Constitution of the state through a voter initiative?" he said.



High court to decide impact of gay-marriage ban

December 13, 2006

Professor Marc Spindelman is quoted in this Canton Repository story about a case in which the Ohio Supreme Court has been asked to decide the impact of Ohio's gay-marriage ban on enforcement of criminal domestic violence statutes. Spindelman said the court's decision "is likely to set a precedent across the country, and may even have a domino effect, especially in those other jurisdictions that have similarly broad marriage amendments on the books." Similar stories also appeared in the Cincinnati Enquirer and the Salem News



Reaction to New Jersey's Supreme Court ruling on gay marriage

October 25, 2006

Professor Marc Spindelman is quoted in this Newsday article that provides reaction to New Jersey's Supreme Court ruling that homosexuals are entitled to the same rights as heterosexuals, but leaving it to lawmakers to legalize same-sex unions. "There will undoubtedly be those who think a civil unions arrangement is a separate but equal situation. But there will also be those who think 'separate but equal' is too good," said Spindelman.



Challenge to gay marriage ban makes some unlikely bedfellows

October 16, 2006

Professor Marc Spindelman is quoted in this Middletown Journal article on a case (State v. Carswell) the Ohio Supreme Court will hear in December that argues Ohio's 27-year-old domestic-violence law conflicts with the new gay-marriage ban.



Gay-marriage advocates grapple with their next course of action

July 30, 2006

In this article in The Seattle Times, Professor Marc Spindelman said "The strategies that have been pursued to achieve legal recognition for gays to marry have proceeded along multiple tracks over the last 30 years. Some portion has been legislatively oriented, some judicial and some cultural — and there were victories and setbacks on all three fronts."



Gay-marriage advocates grapple with their next course of action

July 30, 2006

In this article in The Seattle Times, Professor Marc Spindelman said "The strategies that have been pursued to achieve legal recognition for gays to marry have proceeded along multiple tracks over the last 30 years. Some portion has been legislatively oriented, some judicial and some cultural — and there were victories and setbacks on all three fronts."



2 Top Courts Rule Against Gay Marriage

July 7, 2006

In an Associated Press story printed in Forbes about decisions in New York and Georgia to reject same-sex marriage, Professor Marc Spindelman said, "It's hard to read the decision as anything other than a rebuff of gay and lesbian couples." Also see New York, Georgia Courts Reject Same-Sex Marriage Cases (Post-Journal, Jamestown, N.Y.), N.Y., Georgia courts uphold gay-marriage bans (WFAA.com, Dallas-Fort Worth); and Marriage for gays rejected in 2 states (Detroit Free-Press)



Assisted-Suicide Debate: More vital issue is care of the dying, doctors say

January 18, 2006

In this Chicago Tribune story about Gonzalez v. Ashcroft, the U.S. Supreme Court's ruling limiting the U.S. Attorney General's authority to regulate physician-assisted suicide, Professor Marc Spindelman said that the majority opinion written by Justice Anthony Kennedy gives Congress a green light to prohibit the practice.



Doctor-assisted suicide gains ground: Supreme Court rejects bid to block Ore. law

January 18, 2006

In this Boston Globe story by Charlie Savage about Gonzalez v. Ashcroft, the U.S. Supreme Court's ruling limiting the U.S. Attorney General's authority to regulate physician-assisted suicide, Professor Marc Spindelman said that Justice Anthony M. Kennedy, writing for the majority, sent the message that there are "limits to what an executive branch official can do."



Will Congress take action on assisted suicide? After justices leave door open, conservatives urge legislation

January 17, 2006

In an MSNBC story about the U.S. Supreme Court's ruling that upheld Oregon's right-to-die law, Professor Marc Spindelman said that the majority opinion leaves the door open for Congress to pass a law prohibiting assisted suicide. See a related story from Knight Ridder newspapers.



Expert: Vague language in gay marriage ban drives lawsuits

November 23, 2005

Two Moritz Law professors were quoted in an Associated Press story about a Cincinnati attorney suing to overturn the health benefits of Miami University employees' same-sex partners. Professor David Goldberger said that there will more of these kinds of challenges. Professor Marc Spindelman said that the meaning of Issue 1, which banned civil unions in Ohio, that was promised is not the meaning of Issue 1 that proponents are urging the courts to enforce.



Cost of Schiavo's care may exceed $1 million

March 23, 2005

In a Chicago Tribune story printed in the Kansas City Star, Moritz Law Professor Marc Spindelman, who is visiting this semester at Georgetown Law School, said that the human elements remain the toughest part of the saga of Terri Schiavo.



Schiavo's lifeline removed; Congress tries to intervene in brain-damaged woman's case

March 19, 2005

In a Chicago Tribune story about the attempts by leaders of Congress to intervene in the case of Terri Schiavo, Professor Marc Spindelman said that the message sent by the action is chilling.



Ohio Colleges Waiting to Enact Issue 1

November 16, 2004

At the Ohio State University, The Lantern reported that Ohio colleges and universities have yet to change their same-sex partner benefits in light of Issue 1 because of uncertainty in the law surrounding the amendment. Professor Marc Spindelman noted that questions regarding equal protection and separation of church and state need to be answered regarding the new amendment. It is "no small irony that the amendment's proponents, who advocated taking powers away from courts, wound up multiplying them."



Experts: Issue One Impact to Be Felt More In Homes Than Workplaces

November 3, 2004

An article by the Associated Press that appeared in The Mercury News discussed the impact on individuals when the constitutional amendment to bay gay marriage takes effect. Professor Marc Spindelman said that Ohioans will be surprised by the amendment's reach into home lives. Attorneys for unmarried clients charged with domestic violence will be able to "trout out Issue 1 in service of their defense."



Issue One Supporters Celebrate, Opponents Wonder What's Next?

November 3, 2004

A story by the Ohio News Network discussed the passage of the constitutional amendment to ban gay marriage in Ohio. Professor Marc Spindelman suggested that the strongest argument against the ban might be in equality. "The argument will likely be in part, though not exclusively, that issue one violates the rights of unmarried couples both same sex and cross sex."



Wording of Ohio's Gay-Marriage Ban Called Sweeping

October 9, 2004

A story in The Cincinnati Enquirer noted that the language of the proposed amendment to the Ohio Constitution banning same-sex marriage is broad and vague. Professor Marc Spindelman noted that other states have similar amendments with broad language but that is not reassuring that the proposed amendment will not have a devastating effect in Ohio.



Partner Benefits Could Be Curtailed: State Universities Watch Issue 1 Vote

October 9, 2004

A story in The Cincinnati Enquirer discussed the possible effects on domestic partnership benefits if voters approve the proposed amendment to the Ohio Constitution banning same-sex marriage. Professor Marc Spindelman noted that the amendment goes much further than banning gay marriage. Professor Spindelman was also quoted in related stories that appeared in the Port Clinton News Herald (Ohio) and The Lancaster Eagle-Gazette (Ohio).



Attorney General: Marriage Amendment Would Harm Economy

September 27, 2004

The Associated Press interviewed Professor Marc Spindelman for an article concerning the proposed amendment to the Ohio Constitution banning same-sex marriage. Professor Spindelman noted that many people "are struck by how far it sweeps." This article appeared in the following publications: The Repository (Canton, Ohio), Miami Herald, The State (South Carolina), and the Mercury News (San Jose, Calif.).



Bioethics expert can discuss ruling on state's assisted suicide law

May 27, 2004

Professor Marc Spindelman says the decision is cause for concern.