Marilyn Zayas

Democrat | Ohio

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Candidate Profile

Marilyn Zayas — Supreme Court, term beginning January 2 (Ohio General | November 8, 2022)
Supreme Court Justice, 1 Ohio General | November 3, 2026
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Proven Activist

BIOGRAPHY

EDUCATION

University of Cincinnati College of Law, Cincinnati, J.D., 1994-1997

CUNY, City College of New York, New York, B.S. Computer Science, 1982-1987

WORK & MILITARY

Candidate did not provide

AFFILIATIONS

University of Cincinnati College of Law Dean’s Advisory Board, Board Member, 2020 - 2025

Ohio Supreme Court’s Board of Character and Fitness, Commissioner, 2018 - 2022

Board of Beech Acres Parenting Center, Board Member, 2015 - 2025

FBI Citizen’s Academy, Academy Class Member, Class of 2011

University of Cincinnati College of Law, Adjunct Professor, 2014 - 2015

POLITICAL OFFICES HELD

Judge, Ohio's First District Court of Appeals, 2016-2026

POLITICAL OFFICES SOUGHT

Justice for Ohio Supreme Court, 2026-

Justice for Ohio Supreme Court, 2022-

ENDORSEMENTS

LIBERAL (16)

Emily's List

Planned Parenthood Advocates of Ohio

United Auto Workers UAW

Matriots

National Association of Social Workers NASW

OTHER (1)

Ohio Nurses Association

REPORTED BY CANDIDATE (5)

Nurses for America

National Association of Social Workers

Ohio Assoc. of Professional Firefighters

AFL-CIO

International Brotherhood of Teamsters Local 20

SELECTED CONTRIBUTIONS

CONSERVATIVE
GIVEN BY CANDIDATE (0)
RECEIVED BY CANDIDATE (1)

Jenny Schmitt (2022)


LIBERAL
GIVEN BY CANDIDATE (5)

American Federation of State County and Municipal Employees (2023)

Jennifer Brunner (2022)

State Democratic Party Organizations (2022)

Terri Jamison (2022)

Marilyn Zayas (2018)

RECEIVED BY CANDIDATE (67)

ActBlue (2026)

American Federation of State County and Municipal Employees (2026)

Butler County Progressive PAC (2026)

Cecil Thomas (2026)

Denise Driehaus (2026)

OTHER INFORMATION

Equality OH rated Zayas "A" on their 2026 scorecard.

Zayas described her judicial philosophy as “be faithful to the law and to apply it equally to all” not to advance a “personal or political agenda” and that she will apply the law “fairly and consistently and with integrity, independence and common sense.”

In 2022, Zayas stated that the justice that her judicial philosophy aligns with most is Justice Sonia Sotomayor stating that “she also grew up in those tough New York City neighborhoods” and both faced bias and discrimination.

Zayas stated that she will improve the administration of justice by supporting “a sentencing database and bail reforms” and “advocating initiatives that work towards eliminating bias in our justice system. Additionally, I will seek ways to support and enlarge the use of specialized dockets, such as the mental health, human trafficking second chance, veterans, drug court, and commercial dockets.”

Regarding gerrymandering, Zayas stated that “we do have three co-equal branches of the government” and that courts don’t have “the authority” to tell the legislative or executive branch, or the commission, what to do and “should not” tell them “this is exactly how you are to draw the maps.”

Zayas stated that regarding Ohio state, "when our forefathers passed the original constitution” they did not intend it to be read exactly the same as the federal constitution, because if they did "then they wouldn't have written the state constitution.” She affirmed that “the state constitution is more of a living document than the federal constitution is.”

QUESTIONNAIRE

RIGHT TO LIFE

Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)

I deeply appreciate your organization's dedication to keeping citizens informed and engaged in our democratic process. As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. My judicial philosophy is guided by the following principles: * Fair and impartial adherence to the text of the law and constitutional boundaries. * Strict respect for the separation of powers, recognizing that the legislature creates the law and the judiciary interprets it. * A commitment to timely, well-reasoned, and transparent legal opinions that provide stability to Ohio's legal system. * Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.

Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).

I deeply appreciate your organization's dedication to keeping citizens informed and engaged in our democratic process. As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. My judicial philosophy is guided by the following principles: * Fair and impartial adherence to the text of the law and constitutional boundaries. * Strict respect for the separation of powers, recognizing that the legislature creates the law and the judiciary interprets it. * A commitment to timely, well-reasoned, and transparent legal opinions that provide stability to Ohio's legal system. * Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.

Human life deserves legal protection from conception until natural death.

Choose not to answer

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.

How do you view the judiciary’s role in matters of abortion regulation following Dobbs?

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.


RELIGIOUS LIBERTY

Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.

Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?

I deeply appreciate your organization's dedication to keeping citizens informed and engaged in our democratic process. As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. My judicial philosophy is guided by the following principles: * Fair and impartial adherence to the text of the law and constitutional boundaries. * Strict respect for the separation of powers, recognizing that the legislature creates the law and the judiciary interprets it. * A commitment to timely, well-reasoned, and transparent legal opinions that provide stability to Ohio's legal system. * Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.

Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.


VALUES

Briefly describe your spiritual beliefs and values.

I believe in a loving God that provides every person inherent God-given dignity, worth and value.

What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.

Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence. Protecting the integrity and independence of the judiciary from political or outside influence. I respectfully decline to answer questions that are rooted in political policy. I pledge instead to be fair, principled, and constitutionally grounded Justice for all Ohioans.


ABOUT YOU

Have you ever been convicted of a felony? If so, please explain.

No

Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.

No

I voted in these primaries and general elections:

Choose not to answer


JUDICIAL PHILOSOPHY

Describe your judicial philosophy.

My judicial philosophy is guided by the following principles: * Fair and impartial adherence to the text of the law and constitutional boundaries. * Strict respect for the separation of powers, recognizing that the legislature creates the law and the judiciary interprets it. * A commitment to timely, well-reasoned, and transparent legal opinions that provide stability to Ohio's legal system. * Protecting the integrity and independence of the judiciary from political or outside influence.

Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?

My judicial philosophy is guided by the following principles: * Fair and impartial adherence to the text of the law and constitutional boundaries. * Strict respect for the separation of powers, recognizing that the legislature creates the law and the judiciary interprets it. * A commitment to timely, well-reasoned, and transparent legal opinions that provide stability to Ohio's legal system. * Protecting the integrity and independence of the judiciary from political or outside influence.

Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

Did not answer

Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.

A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.

What is your view of judicial restraint versus judicial activism? How do you define each?

True judicial restraint means applying the law predicably as written. Conversely, the most concerning form of activism occurs when a Court discards its own precedent. During my time as a judge, the Ohio Supreme Court has reversed its own precedent five times. See State ex rel. Martens v. Findlay Municipal Court, 2024-Ohio-0122, reversing State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 1999-Ohio-123; State v. Gonzalez II, 2017-Ohio-777, reversing State v. Gonzalez I, 2016-Ohio-8319, State v. Aalim II, 2017-Ohio-2956, reversing State v. Aalim I, 2016-Ohio-8278; State v. Gwynne II, 2023-Ohio-3851, reversing State v. Gwynne I, 2022-Ohio-4607; State v. King, 2026-Ohio-2656, reversing State ex rel. Yates v. Montgomery Cty. Court of Appeals, 32 Ohio St.3d 30 (1987). There are occasions when precedent should be reconsidered, but changes in settled law should be rare, principled, and carefully explained. Stability promotes fairness, predictability, and confidence in our legal system.

What is the proper role of a judge?

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.

When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?

As a Justice at our Ohio

If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.


CRIMINAL JUSTICE & PUBLIC SAFETY

The burden of proof in a criminal case is generally that the state must provide proof beyond a reasonable doubt.  Some say the reason the burden of proof is so high is because we greatly value ensuring that the innocent are not unjustly imprisoned.  Please comment on this topic.

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.

When reviewing wrongful conviction claims, what role, if any, should judges play in determining remedies?

As a Justice at our Ohio Supreme Court, my primary commitment will be to uphold the Constitutions of the United States and the State of Ohio with absolute impartiality, integrity, and independence.


2ND AMENDMENT

What is your understanding of the Second Amendment’s right to keep and bear arms?

The Second Amendment is just as valuable as the other amendments to our Constitution.


OTHER IMPORTANT ISSUES

Which branch of government do you believe was intended to wield the most authority?

Our system of checks and balances depends on three distinct, co-equal branches of government.

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