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Newsom’s California Law Ruled “Unconstitutional” – Judge Strikes Down Rule That Mandated Minority Hiring
By Ben Dutka|April 4, 2022
Newsom’s California Law Ruled “Unconstitutional” – Judge Strikes Down Rule That Mandated Minority Hiring

A California judge has decided that one controversial law is “unconstitutional.” As a result, the rule has been struck down — much to the dismay of liberal activists and Governor Gavin Newsom.

Words like “equity” and “equality” have dominated the conversation in recent years, and it’s no surprise to see it dominate in the courts as well.

However, the country has never seen so much of the conversation translate to actual policy, which many Americans find highly concerning. They call it a blatant assault on freedom of speech and individual rights.

Many also assert that these so-called pushes for “equality” are simply just more racism and discrimination.

In this particular case, at least, the judge agrees with that claim, which is why businesses in the state of California won’t be forced to hire certain people for certain positions anymore.

The law in question was signed by Gov. Gavin Newsom in 2020, and it required publicly traded companies to have at least one member on their boards of directors be from an “underrepresented community.”

In other words, the law said executive boards had to feature minorities or members of the LGBT community. If they didn’t comply, there would be fines.

But this can’t happen, said the high court of California (via The Daily Wire):

A California law that would have required corporations based in the state to include racial minorities and LGBT people on their executive boards was struck down by a judge in Los Angeles Friday.

The law was declared unconstitutional by a judge in the Los Angeles County Superior Court in a lawsuit brought by conservative legal organization Judicial Watch, the Associated Press reported. The ruling did not explain the Court’s reasoning.

The law could’ve resulted in corporations shelling out up to $100,000 in fines for a first offense, and as much as $300,000 for each repeated offense.

Pushback and criticism erupted the instant Newsom signed the bill, though.

Judicial Watch quickly filed a lawsuit in October 2020, and argued that Cali can’t enforce laws that “explicitly distinguish between individuals on racial or ethnic, sexual preference, and transgender status fall within the core of the prohibition of the equal protection clause.”

The state tried to defend the law, saying it didn’t discriminate or give preferential treatment.

The court didn’t buy that defense, however, and the law in question has been struck down. Said Judicial Watch President Tom Fitton just hours after the ruling:

This historic California court decision declared unconstitutional one of the most blatant and significant attacks in the modern era on constitutional prohibitions against discrimination.

In its ruling today, the court upheld the core American value of equal protection under the law.

Judicial Watch’s taxpayer clients are heroes for standing up for civil rights against the Left’s pernicious efforts to undo anti-discrimination protections.

This didn’t mark the end of Judicial Watch’s legal crusade against California, either.

They also filed a lawsuit back in January, alleging that yet another law is unconstitutional: a bill that requires corporations to put women on executive boards.

They say this also violates the equal protection clause of the state constitution because it mandates a gender quota. It also uses taxpayer money to enforce the law, which they say is highly illegal.

It’s a very similar law, with the same sort of wording and potential punishments for companies that don’t comply.

As such, it’s very possible the courts will once again rule in the plaintiff’s favor, which would be yet another loss for Gov. Newsom and the state of California. It would also be a defeat for liberals who believe the laws represent “equity.”

Many citizens say it’s a matter of common sense: if you prioritize hiring based on skin color, religion, sexual preference, etc, regardless of what those are, it’s discrimination and unconstitutional.

Thankfully, in this instance, it appears common sense has won out.

Key Takeaways:

  • A California Superior Court deemed a law signed by Gov. Gavin Newsom “unconstitutional.”
  • The law forced publicly held corporations to hire minorities and/or LGBT members for executive positions.
  • Judicial Watch won this suit, and might win another similar case, where a California law mandates that companies hire a certain number of women.

Source: The Daily Wire

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Ben Dutka
Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.
Ben S. Dutka is a journalist, writer and editor with over two decades of experience. He has worked with three newspapers and eight online publications, and he has also won a Connecticut short story contest entitled Art as Muse, Imaginary Realms. He has a penchant for writing, rowing, reading, video games, and Objectivism.
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