California Superior Court released the reasoning behind declaring state’s diversity law unconstitutional. It ruled that discrimination should only be corrected in “very specific cases.”
Leftist Gov. Gavin Newsom signed the law that requires California-based corporate boards to have members from an “underrepresented” community. Gavin Newsom (D), last year.
Judicial Watch, a conservative legal watchdog, sought a permanent injunction against the measure. They cited the Golden State’s equal Protection Clause, which was originally granted without explanation by the judge. Judge Terry A. Green stated that the law “violates” the Equal Protection Clause in the California Constitution.
“The problem is that the Legislature thinks in group terms. Green explained that the California Constitution guarantees equal treatment for all individuals. “Before the Legislature can require members of one group to be granted certain board seats, it must first attempt to create neutral conditions in which qualified individuals from all groups may succeed. This was not the case.
He said, “The statute treats similar-situated individuals – qualified corporate board members – differently based upon their membership (or absence thereof) in certain listed, racial and sexual orientation groups.” It requires that members of the listed groups be granted a specific number of board seats. This excludes other members from those seats.
Judicial Watch President Tom Fitton stated that California must treat all its citizens as individuals and not discriminate against any based on their race, ethnicity, or LGBT status. “This court ruling is a landmark in America’s core value of equal protection for all Americans under the law. It warns against the pernicious racism of the radical Left.