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<title>Steve Sanders</title>

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Recent writings/doings:

Quoted</a> by

Inside Higher Ed on a federal court decision striking down

Michigan's attempt to outlaw same-sex partner benefits

Quoted</a> by

The Hill on the future impact of the SCOTUS marriage cases.

Quoted</a> by Politico re: "The not so

reclusive justices"

SCOTUSBlog essay:

"Next on the agenda for marriage equality

litigators..." </a>

Video interview with ACS Blog</a> on the

future of federal marriage equality litigation.

Quoted </a>by

Inside Higher Ed about a case pitting academic freedom and

non-discrimination against a student's religious beliefs.

Coverage of

panel discussion </a>

on strategies for marriage equality at UM Gerald

R. Ford School of Public Policy.

Amicus brief</a> for 19 law professors in

the Missouri Supreme Court in

Glossip v. Missouri Department of Transportation

and Highway Patrol Employees' Retirement System</a>

(arguing for heightened scrutiny in classifications based on sexual

orientation)

SCOTUSBlog essay</a>: "Gay marriage,

democracy, and judicial review"

SCOTUSBlog essay</a>: "Affirmative Action

and Academic Freedom"

Article</a><a target="_blank" href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1903386" style="text-decoration: none">:

"The Constitutional Right to (Keep Your) Same-Sex Marriage" </a> (pdf) (published in the

Michigan Law Review)

Huffington Post commentary</a>:

"Are We Ready for a Real National Conversation on Same-Sex

Marriage?"

Quoted on recent marriage

equality developments in the

Miami Herald/McClatchy Newspapers</a>

and by the

Associated Press</a>.

Quoted by Inside Higher

Education about two cases (<a target="_blank" href="http://www.insidehighered.com/news/2011/12/20/appeals-court-rejects-appeal-anti-gay-students-challenge-counseling-rules">here</a>

and

here</a>) concerning religious freedom,

sexuality, and grad school curricular requirements.

ACS blog posting</a></a><a target="_blank" href="http://www.acslaw.org/acsblog/santorum-same-sex-marriage-nullification-and-the-constitution">

</a>on Rick Santorum, gay marriage, and the Constitution.

Amicus brief</a>

for the AAUP in Capeheart v. Hahs, an academic freedom case

in the 7th Circuit US Court of Appeals (pdf).

On the Bench and in the Game</a>, lecture

by retired federal judge Vaughn Walker (who struck down Prop 8),

followed by panel discussion which I moderated, at Indiana U. Maurer

School of Law (includes video).

The Right to Marry, and the Right to Remain

Married</a>, contribution to Scotusblog symposium on same-sex

marriage.

Remembering Judge Terence Evans,</a>

University of Chicago Law Faculty Blog post.

ACS blog posting</a> on why Iowa's

anti-gay, anti-judiciary social conservatives are unfaithful to their

state's social and legal history.

Article</a>:

"<a href="SandersUCLFessay.pdf" style="text-decoration: none">Interstate Recognition of

Parent-Child Relationships: the Limits of the State Interests Paradigm

and the Role of Due Process</a>"

(published in the

University of Chicago Legal Forum) (pdf).

Paul Clement, DOMA, and the role of lawyers for

unpopular causes</a>, University of Chicago Law Faculty Blog

post

Symposium on Same-sex Marriage and the Future of

DOMA</a> (which I organized and moderated) at Indiana U. Maurer

School of Law (includes video)

DOJ abandons defense of "Defense of Marriage

Act": first thoughts</a><a href="http://uchicagolaw.typepad.com/faculty/sanders-steve/" style="text-decoration: none">,

University of Chicago Law Faculty Blog post</a>

ACS blog posting</a> on the faulty

arguments of state attorneys general in the California Proposition 8

litigation.

<a href="icwaarticlefinal.pdf">Article</a>:

"When Sovereigns and Cultures Collide: Balancing Constitutional

Rights, Tribal Traditions, and Federalism in the Adoption of Indian

Children by Lesbians, Gay Men, and Same-Sex Couples," in the

Wisconsin Journal of Law, Gender & Society. (pdf)

9th Circuit oral argument in

academic speech case Hong v. Grant </a>

I</a><a target="_blank" href="http://www.scotusblog.com/2010/05/interview-with-bill-barnhart/">nterview

on Scotusblog with author of new John Paul Stevens biography</a>

Article for ABA Appellate Practice Journal on

author of new John Paul Stevens biography</a> (pdf)

Media coverage of Supreme Court argument in

Pottawattamie County v. McGhee</a>

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Steve Sanders

□

Professional bio

E-mail:

stevesan@indiana.edu</a>

<a href="http://info.law.indiana.edu/pub/libs/images/usr/14420_h.pdf" style="text-decoration: none">My

curriculum vitae </a> □

My SSRN author page</a>

Follow me

on Twitter</a></a><a href="http://twitter.com/#!/SteveSSanders" style="text-decoration: none">

</a><a href="http://twitter.com/SteveSSanders" target="_blank">

Steve Sanders is a

faculty member at the

Indiana University Maurer School of Law, an appellate lawyer, and an

author and commentator on issues pertaining to sexuality and the

law, constitutional rights, and higher education.

Scholarship and

teaching

At IU, where he is an

associate professor of law</a>, Steve

teaches courses on Constitutional Law and Constitutional Litigation. 

He previously was a visiting assistant professor and lecturer at the

University of Michigan Law School, teaching

Constitutional Litigation,

Sexuality and the

Law, and Family Law, and a lecturer at the University of Chicago Law School,

where he taught a seminar on Academic Freedom.  At IU he is also an

affiliated faculty member with the departments of Political Science and

Gender Studies, and with the Kinsey Institute for Research in Sex,

Gender, and Reproduction.

His scholarly interests focus on

constitutional and choice of law issues in the regulation of marriage

and the family; Fourteenth Amendment

jurisprudence; and academic freedom in higher education.  His

<a href="icwaarticlefinal.pdf" style="text-decoration: none">article</a>

"The Constitutional Right to (Keep Your) Same-Sex

Marriage"</a> was published in

June 2012 in the Michigan Law Review.  Another article, "<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1899565">Interstate Recognition of

Parent-Child Relationships: the Limits of the State Interests Paradigm

and the Role of Due Process</a>," was published in Fall 2011 by the University of

Chicago Legal Forum.

A frequent

commentator on legal issues regarding sexuality or higher

education, Steve has written for the

Huffington Post</a>, Chronicle of Higher Education,

SCOTUSBlog</a>,

Findlaw.com</a>, the National Law

Journal,

ACS Blog</a>, the New Republic, Chicago Sun-Times, Chicago

Tribune,

Boston Globe, Baltimore Sun, American Prospect Online,

Scripps Howard News Service, Independent Gay Forum, and other

print and online sources,

and has presented commentaries on the public radio program

"Marketplace." 

He has been interviewed by National

Public Radio, the Associated Press, Congressional Quarterly, the National Law Journal, U.S. News and

World Report, ABC's Good Morning America, ABA Journal, Above the Law, the Chicago

Tribune, Inside Higher Education, the Washington Blade, and many other media.

Steve has given talks, papers,

or panel presentations at the the American

Political Science Association, the American Educational Research

Association, the Law & Society Association, the Popular Culture Association, and

the law schools of Yale, Columbia, Duke, Michigan, NYU, Georgetown,

the University of Chicago, Indiana University, University of Wisconsin, Michigan State, Northwestern, the University of Iowa, John

Marshall, the University of Oregon, and Valparaiso University.  He

is a member of the APSA's Committee on the Status of LGBT's in the

Profession, and previously served as chair of its LGBT Caucus and a member of the executive committee of

its

<a href="https://www.apsanet.org/section_737.cfm">Sexuality and Politics

section</a>.

He has been a

judge for the Constance Baker Motley National Moot Court Competition in

Constitutional Law and the National Sexual Orientation Law Moot

Court Competition at UCLA Law School, and a supervising

attorney for Indiana University law school's appellate litigation

clinic.

Litigation

experience

From 2006 to 2010, Steve

practiced as a member of the Supreme Court and appellate litigation

practice group with the

global law firm </a>

<a href="http://www.mayerbrown.com/lawyers/profile.asp?hubbardid=S597744167">Mayer Brown LLP</a>,

where he

briefed and/or argued cases in

the U.S. Supreme Court, six federal courts of appeals, three state

supreme courts, and various federal district and state courts.  He

continues to represent clients filing amicus briefs on matters involving

sexual orientation law or academic freedom.

A particular focus of Steve's

practice has been representation of college and university faculty members

on matters involving academic freedom, constitutional law,

and other issues.  He has represented law professors, historians,

research scientists, and a major faculty professional group as amici

curiae in the U.S. Supreme Court, the 7th and 9th circuits, and three state supreme

courts.  Most recently he filed an

amicus brief in the Missouri Supreme Court

</a>on behalf of 19 law professors in a case that asks Missouri to

provide committed domestic partners with the same survivor benefits that

the state provides to the heterosexual spouses of state troopers who are

killed in the line of duty.  He also authored a

widely referenced amicus brief</a>

for 23 law and history professors

Varnum v. Brien</a>, in which the Iowa Supreme Court

unanimously struck down the state's

statutory ban on same-sex marriage.  He also represented 24 law professors as amici

in National Pride at Work v. Granholm, a case in the Michigan

Supreme Court on whether public-employer domestic partner benefit

programs violate the state's constitutional ban on same-sex marriage. 

He represented the American Association of University

Professors and the Thomas Jefferson Center for the Protection of Free

Expression at

the 9th Circuit in Hong v. Grant, a case on the application

of the public-employee speech doctrine to college faculty members, and

currently is co-counsel for the AAUP in a

<a href="CapeheartAAUPBrief.pdf">7th Circuit case

presenting similar issues.</a>.  He serves as a member of

the AAUP's litigation committee.

In Supreme Court litigation,

Steve briefed and argued for petitioners in

Pottawattamie County v. McGhee in 2009, becoming the most junior

Mayer Brown attorney ever to present a Supreme Court argument in a paid

client matter.  He also represented the American Civil Liberties

Union as amicus curiae

in

Hui v. Castaneda,

a case concerning Bivens actions for constitutional violations in

immigration detention facilities.  With other Mayer Brown

attorneys, he represented a group of retired federal judges as amici

in Kiyemba v. Obama, a case dealing with the habeas rights of

Guantanamo detainees.  He has collaborated with such noted Supreme

Court practitioners and scholars as Stephen M. Shapiro, Steven R.

Shapiro, Tom Goldstein, Kathleen Sullivan, and Rodney Smolla. 

At Mayer Brown, Steve

represented clients headquartered in the United States, Italy and the

Netherlands, including AT&T, BNSF Railway, Deloitte, KPMG, and Philip Morris Capital

Corp.  His litigation experience

included matters involving federal civil rights claims under 42 USC Sec. 1983, prosecutorial

and other official immunities, Bivens actions, federal and appellate jurisdiction, the Anti-Injunction Act, academic freedom and the First

Amendment rights of universities and faculty members, the federal telecommunications

act, state constitutional law, leveraged leasing transactions, personal

jurisdiction, writs of mandamus, obstruction of justice, and accountant

liability.

Steve has served as

co-editor of the American Bar Association's Appellate Practice Journal,

and has spoken on appellate and Supreme Court litigation at Harvard,

Indiana University, and the University of North Dakota law schools.

Education

Steve received his J.D. magna cum laude from

University of Michigan Law School, where he was elected to the Order

of the Coif and received the Bates Memorial Scholarship, the law

school's highest award to graduating seniors.  While at Michigan,

he was an articles editor for the Michigan Law Review; won

prizes for Best Brief and Best Oral Advocate in the Henry M.

Campbell Moot Court Competition; was a semi-finalist in the National

Sexual Orientation Law Moot Court Competition; and, as law clerk to the university

general counsel, worked on the landmark affirmative action case

Grutter v. Bollinger.  After law school, he clerked for the

Hon. Terence T. Evans on the

7th Circuit

U</a><a href="http://www.ca7.uscourts.gov/" style="text-decoration: none">.S.

Court of Appeals</a>.

Steve received his B.A. from Indiana University in journalism and political science, and

did graduate work in political science and higher education administration. 

As a reporting intern or stringer for the Chicago Tribune, he

covered such stories as an F5 tornado that wiped out the town of

Barneveld, Wisconsin, a disputed Indiana congressional election

ultimately decided by four votes, and the return of hostages from TWA

Flight 847; as a reporter for the Indiana Daily Student, he

covered the historic election of Chicago Mayor Harold Washington and the

funeral of famed Hoosier songwriter Hoagy Carmichael.  He was a fellow of the Center for the Study of the

Presidency, and was one of three students chosen to interview President

Ronald Reagan in the White House for the

North American Network</a>.

Higher

education administration

Prior to law school, Steve worked

for 16 years in

higher education administration, serving as Assistant to the Chancellor

and as an Assistant Dean of the College of Arts & Sciences at

<a href="http://www.iub.edu">Indiana

University Bloomington</a>, where he was also active as a teacher, television producer, and radio interviewer and commentator.  He chaired the committee that guided domestic partner

benefits to unanimous approval by the IU Board of Trustees, developed and taught the Department of Political Science's first course on Gay

and Lesbian Politics, and served as advisor to Pi Kappa Phi fraternity

and administrative representative to Union Board, the student

programming organization.  The IU Student Association recognized

him with its Jimmy L. Ross Award for Outstanding Contributions to

Student Life.  For public radio station WFIU, he hosted hour-long

interviews with university presidents, faculty members, and

personalities including former U.S. surgeon general Jocelyn Elders. 

He is a life member of the IU

Alumni Association and served from 2007 to 2010 on its executive

council.  He currently serves on the boards of IU's Arts &

Sciences, Journalism, and LGBT alumni

associations, and on the Maurer School of Law's LGBT alumni advisory

board.

Public service

Steve has served as a board member

of the <a href="http://www.aclu-in.org/">

ACLU of

Indiana</a>, chairperson of the City of

Bloomington Human Rights Commission, and a member of the

Platform Committee for the 2000 Democratic National Convention. As

Indiana state coordinator for the

<a href="http://www.hrc.org">Human Rights Campaign</a>

from 1998-2002,

he played key roles in passage of a state hate crimes reporting law;

achieving an executive order by Gov. Frank O'Bannon prohibiting

discrimination on the basis of sexual orientation against state

employees; blocking anti-gay adoption legislation; and opening new

channels of communication between the LGBT community and the state's

U.S. senators and members of Congress. 

More recently he was a member of the 2008 Obama campaign's national LGBT

steering and policy committee, and is

active with the <a href="http://www.acslaw.org/">

American Constitution Society</a>.  He has been

recognized with various honors for contributions to legal and political equality,

journalism, and college student development, including a Leadership

Award from Lambda Legal, the nation's oldest and largest LGBT

legal organization.

Steve can be reached by

email at

stevesan (at) umich.edu</a>.

Updated 6/28/13

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