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Legal Challenge To California Board Gender Quota Law Filed

As mentioned in yesterday's post, a much predicted challenge to California's board gender quota law was recently filed.  The complaint alleges a single cause of action - violation of Article I, Section 31 of the California Constitution.  That provision prohibits the State of California from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.  

A number of other constitutional challenges to the law could have been alleged, including violation of Article XIV, Section 1 of the United States Constitution (providing that no State shall deny any person within its jurisdiction the equal protection of the laws.  My guess that the plaintiffs, three individuals, decided not to pursue a federal case due to concerns about establishing constitutional standing.  See Oxfam America Takes A Stand, But Does It Have Standing?  California courts, however, does not have the same constitutional standing requirement and by statute allows for taxpayer standing.  Cal. Code Civ. Proc. § 526a.  SeeCalPERS Suffers Standing Setback In Spiking Suit.

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