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Equal Protection › State Constitutions

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

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On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

Quarles & Brady LLP

Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

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On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Amends Constitution to Expand Equal Protection

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On November 6, 2024, New Yorkers across the state voted “yes” on the Equal Rights Amendment, commonly known as Proposition 1. The newly passed Equal Rights Amendment expands New Yorkers’ constitutional civil rights and...more

BakerHostetler

Georgia Abortion Law Struck Down as Unconstitutional

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On September 30, the Superior Court of Fulton County held that the Georgia Living Infants Fairness and Equality Act (the LIFE Act) is unconstitutional on both due process and equal protection grounds. Accordingly, Georgia’s...more

Holland & Knight LLP

Religious Institutions Update: January 2024

Holland & Knight LLP on

Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Holtzman Vogel Baran Torchinsky & Josefiak

New Hampshire Supreme Court Holds That Partisan Gerrymandering Is a Nonjusticiable Political Question Under the State Constitution

Holtzman Vogel Baran Torchinsky & Josefiak on

On November 29, 2023, the Supreme Court of New Hampshire decided Brown v. Secretary of State, a 3–2 decision that held that partisan gerrymandering (the act of drawing voting districts in a way that favors one political party...more

Epstein Becker & Green

Abortion Rights to Be Codified in Ohio State Constitution

Epstein Becker & Green on

On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac...more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

Akin Gump Strauss Hauer & Feld LLP

Assembly Bill 979, California’s Board Diversity Statute, Ruled Unconstitutional

Akin Gump Strauss Hauer & Feld LLP on

On May 15, 2023, the Eastern District of California ruled that California Assembly Bill No. 979 (“AB 979”) violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42 U.S.C. § 1981. As enacted,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Retroactivity and Recalls

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court addresses the retroactive effect of a preemption decision by the Federal Motor Carrier Safety Administration, and the constitutionality of California’s prohibition on an incumbent appearing on the ballot...more

Akerman LLP - Health Law Rx

Important Update: Georgia Abortion Law Remains in Effect Until Judicial Review

Akerman LLP - Health Law Rx on

Ruling on the State of Georgia’s November 18, 2022 Emergency Petition for Supersedeas, this past Wednesday (November 23, 2022) the Georgia Supreme Court enjoined the lower court’s decision thereby reinstating the prohibitions...more

Kramer Levin Naftalis & Frankel LLP

Corporate Governance: 2022 Midyear Review

Kramer Levin Naftalis & Frankel LLP on

The first half of 2022 illuminated important trends in the corporate governance space. In recent months, there were notable developments in the enforcement of economic sanctions and export control measures, and the oversight...more

CDF Labor Law LLP

Los Angeles County Trial Court Strikes Down Another California Board Diversity Law

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Last month, on May 13, Los Angeles County Superior Court Judge Maureen Duffy-Lewis ruled that SB 826, which requires publicly held California corporations with a principal executive office in California to follow gender...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Courts Strike Down Laws Requiring More Women and Diversity on Boards

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California....more

Nelson Mullins Riley & Scarborough LLP

UPDATE: California Court Says Second State Board Diversity Law Is Unconstitutional

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California courts have now struck down the second of the state’s two board diversity laws as unconstitutional.  The recent decision affects California's gender diversity requirement for certain boards of directors.  In April,...more

WilmerHale

California Court Strikes Down Law on Board Diversity

WilmerHale on

On Friday, May 13, a California Superior Court judge struck down Senate Bill (“SB”) 826—California’s landmark gender diversity law regarding the representation of women directors on the boards of publicly held corporations...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Trial Court Strikes Down Women on Boards Law

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On May 13, 2022, a judge of the Los Angeles County Superior Court ruled in Crest v. Padilla, Case No. 19STCV27561, that California’s statute requiring California-based public companies to have one to three women on their...more

Mayer Brown Free Writings + Perspectives

California Board Diversity Laws Struck Down by Court

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In a little over a month’s time, the Superior Court of California (the “Superior Court”) struck down both AB 979 and SB 826, California’s two board diversity statutes. SB 826 required that a public company whose principal...more

Kramer Levin Naftalis & Frankel LLP

Court Finds California Board Gender Diversity Statute Unconstitutional

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On May 13, the Superior Court of California, County of Los Angeles, issued a verdict following a bench trial that effectively struck down SB 826, a California statute requiring the boards of public corporations based in the...more

Latham & Watkins LLP

California Gender Board Diversity Law Is Held Unconstitutional

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The law suffers the same fate as the California board diversity law requiring directors from “underrepresented communities.” On May 13, 2022, Los Angeles Superior Court Judge Maureen Duffy-Lewis issued a ruling in Crest...more

Littler

Corporate Board Diversity: Next Steps for Employers After Court Strikes Down California Board Diversity Law

Littler on

On April 1, 2022, a Los Angeles County Superior Court ruled that California Assembly Bill 979—a bill designed to increase diversity and improve the persistently low number of underrepresented groups on corporate...more

Nelson Mullins Riley & Scarborough LLP

California Court Rules State Board Diversity Requirement Unconstitutional — Where Do We Go From Here?

Nelson Mullins Riley & Scarborough LLP on

Earlier this month, a Los Angeles County Superior Court order put the brakes on one of California’s much contested board diversity requirements, a decision certain to reverberate among the business community and efforts to...more

CDF Labor Law LLP

Judge Holds CA BOD Diversity Law Violates Equal Protection Laws

CDF Labor Law LLP on

On April 1, 2022, a Los Angeles County judge ruled that AB 979, which requires publicly held corporations with a principal executive office in California to have at least one member of the Board of Directors from an...more

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