Nancy Marcus is a Senior Advisor in the Law and Policy Project of Lambda Legal, the oldest and largest national legal organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and people with HIV. Marcus works out of Lambda Legal’s Western Regional Office.
Marcus handles impact litigation and public policy work that spans the needs of the LGBT community, with a particular focus on working against legislative efforts to enact discriminatory laws and, conversely, for enacting inclusive non-discrimination ordinances, and on addressing the needs of the bisexual community.
Before joining Lambda Legal, Marcus was the founding constitutional law professor at Indiana Tech Law School in Fort Wayne, IN, where she also taught administrative law, appellate advocacy, and voting rights. She worked closely with Lambda Legal and other LGBT advocates in Indiana during the 2015 statehouse battles around religious exemption legislation, providing an authoritative public voice about the misuse of religion for discrimination. Before becoming a full-time law professor, Marcus served as a staff attorney with Southeastern Ohio Legal Services Association; practiced constitutional and civil rights law in Cleveland; and clerked for Judge Paul B. Higginbotham of the Wisconsin Court of Appeals and Judge Louis B. Butler of the Wisconsin Supreme Court. She did public policy work at the Alliance for Justice, the American Association of Justice (formerly the American Trial Lawyers Association), and the National Abortion Federation, and also served as the mediation director of the Tenant Resource Center in Madison, Wisconsin.
Marcus was a co-founder and is still an active member of BiLaw, the first national organization for bisexual lawyers, law professors, law students and allies. She also serves as the Chair of the American Bar Association’s Civil Rights Litigation LGBT Subcommittee, and her past volunteer service to the LGBT community has included serving on the board of directors of a number of LGBT rights and AIDS task force organizations.
Marcus received her B.A. in 1994 from Michigan State, her J.D. from Case Western Reserve School of Law in 1997, and master of laws and doctor of juridical science degrees from the University of Wisconsin Law School in 2005 and 2006, respectively. She is the author of numerous law review articles that have been multiply cited, including:
- Out of Breath and Down to the Wire: A Call for Constitution-Focused Police Reform, 59 How. L. J. 5 (2016)
- Bridging Bisexual Erasure in LGBT-Rights Discourse and Litigation, 22 Mich. J. Gender & L. 291 (2015)
- When Quacking like a Duck is Really a Swan Song in Disguise: How Windsor’s State Powers Analysis Sets the Stage for the Demise of Federalism-Based Marriage Discrimination, 64 Case W. Res. L. Rev. 1073 (2014)
- Deeply Rooted Principles of Equal Liberty, Not 'Argle Bargle': The Inevitability of Marriage Equality After Windsor, 23 Tulane J. Law & Sexuality 17 (2014)
Marcus is a member of the District of Columbia and Ohio bars.