Ruth Colker

Heck Faust Memorial Chair in Constitutional Law
Michael E. Moritz College of Law
The Ohio State University

Recent Court Decisions

Christian Legal Society v. Kane, (N. D. Calif. April 17, 2006) (denying CLS' motion for summary judgment and granting law school's and Outlaw's cross-motions for summary judgment in case involving enforcement of law school's sexual orientation and religion nondiscrimination clauses.)

• This decision is in sharp contrast to an unpublished 2-1 decision by the Seventh Circuit but consistent with the S.D. Ill. in its decision on CLS's motion for a preliminary injunction.

O'Kelley v. Perdue, No. 2004CV93494 (Fulton County Superior Court May 16, 2006) (finding that "Amendment One" was an unconstitutional voter initiative violating the "single subject rule" because it contained multiple objectives:  whether same sex marriages should be allowed or recognized, whether same sex relationships should be given any legal status, and, if they are afforded legal protection, how they should be allowed or recognized in the state)

• A similar decision in Louisiana was overturned on appeal which I discussed in an election law commentary.

• Ohio also has a single subject rule which could be the basis of attacking its "Issue One"

• This decision has been reversed on appeal.

Arlington Central School District Board of Education v. Murphy, No. 05-18 (argued April 17, 2006) (IDEA expert fees case) (click case name to go to web page devoted to case)

• Supreme Court decision (ruling 6-3 for School Board; parents cannot collect expert fees even if they are the prevailing party) (June 26, 2006)

• Supreme Court order accepting cert.

• Brief of United States supporting petitioner school district

Recent Correspondence

Letter from Christopher Ore to ABA President Michael Greco concerning Ohio Bar Exam Disability-Related Questions (March 28, 2006) (detailing impropriety of disability-related questions on Ohio's "character questionnaire" for applicants to state bar)