Judge Rules That Race and LGBT Quotas for Corporate Board Members Violate the California Constitution

The National Law Review:

Litigation of AB 979

The same day AB 979 was signed into law, Judicial Watch, a conservative activist group, sued the secretary of state on behalf of California taxpayers to prevent the state from enforcing AB 979. Robin Crest, et al. v. Alex Padilla (No.20ST-CV-37513). Both parties subsequently filed cross motions for summary judgment.

Judicial Watch argued the law violated the equal protection clause of California’s Constitution by treating similarly situated individuals differently based on race, sexual orientation, and gender identity. Judicial Watch further argued there was no compelling government interest justifying the law (i.e., there was no actual proof of discrimination in the selection of board members) and that the law was not narrowly tailored because imposing such requirements on corporations was not the least restrictive means to accomplish the purported goal.

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