Bill Text: CA AB2646 | 2013-2014 | Regular Session | Chaptered
Bill Title: Civil rights: political structure equal protection.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 912, Statutes of 2014. [AB2646 Detail]
Download: California-2013-AB2646-Chaptered.html
BILL NUMBER: AB 2646 CHAPTERED
BILL TEXT
CHAPTER 912
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 13, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 12, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Ting
(Coauthor: Assembly Member Weber)
FEBRUARY 21, 2014
An act to add Section 53.7 to the Civil Code, relating to civil
rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 2646, Ting. Civil rights: political structure equal protection.
The California Constitution prohibits a person from being deprived
of life, liberty, or property without due process of law, or from
being denied equal protection of the laws. The United States
Constitution prohibits a state from denying to any person within its
jurisdiction the equal protection of the laws. Existing case law
interprets that provision as guaranteeing racial minorities the right
to full participation in the political life of the community, and
prohibiting racial or ethnic groups from being denied, or precluded
from entering into the political process in a reliable and meaningful
manner.
Existing law permits individuals whose personal rights have been
violated, in certain circumstances, to bring a civil action for
damages or other appropriate relief.
This bill would prohibit a statute, ordinance, or other specified
enactment from denying a minority group, as defined, political
structure equal protection of the law by altering, restructuring, or
reordering the policy decisionmaking process in a manner that burdens
the ability of members of the minority group to effect the enactment
of future legislation, solely with respect to a matter that inures
primarily to the benefit of, or is primarily of interest to, one or
more minority groups. The bill would authorize a member of a minority
group, as defined, to bring a civil action challenging the validity
of a statute or ordinance, or other enactment on that basis. The
provision in question would be determined valid only upon a showing
by the government that the burden it imposes is necessary to serve a
compelling public interest, and is no greater than necessary to serve
that interest. The bill would include supporting legislative
findings and declarations.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The United States Supreme Court has interpreted the Equal
Protection Clause of the Fourteenth Amendment of the United States
Constitution as disfavoring and subjecting to "strict scrutiny" state
and local laws that (1) target a suspect classification of persons,
(2) restrict a fundamental right, or (3) alter the political
policymaking process with respect to an issue of primary concern to a
minority group or groups. This last doctrine is commonly referred to
as "political structure equal protection."
(b) The doctrine of political structure equal protection was
established primarily through two United States Supreme Court
decisions, Hunter v. Erickson (1969) 393 U.S. 385, and Washington v.
Seattle School District No. 1 (1982) 458 U.S. 457. As a result, this
doctrine has also been referred to as the "Hunter/Seattle" doctrine.
In the recent case of Schuette v. BAMN, et al. (2014) 134 S. Ct.
1623, the United States Supreme Court has further interpreted the
political structure equal protection doctrine, although the
implications of this new interpretation are not yet clear.
(c) Because the Hunter/Seattle doctrine was established as a part
of the Equal Protection Clause of the Fourteenth Amendment of the
United States Constitution, there has not been the need or occasion
for the California Supreme Court to determine whether the California
Constitution, through its own guarantee of equal protection of the
laws under Section 7 of Article I, also includes political structure
equal protection.
(d) Because the California Constitution goes at least as far as
the United States Constitution in protecting rights and liberties,
and in some cases has been interpreted to go beyond the United States
Constitution in providing such protections, the guarantee of
political structure equal protection that has been part of the United
States Constitution for nearly 50 years should appropriately be
recognized in the California Constitution. Specifically, the
Legislature believes that Section 7 of Article I of the California
Constitution provides broader protection of individual liberties and
rights than the Equal Protection Clause of the Fourteenth Amendment
of the United States Constitution, and these broader protections
should include the political structure equal protection doctrine, as
interpreted prior to Schuette v. BAMN.
(e) Independent of the guarantees afforded by the California
Constitution, the Legislature believes that the Hunter/Seattle
doctrine provides a prudent and salutary rule for statutory
protection against discriminatory statutes, ordinances, or other
state or local rules, regulations, or enactments.
SEC. 2. Section 53.7 is added to the Civil Code, to read:
53.7. (a) A statute, ordinance, or other state or local rule,
regulation, or enactment shall not deny a minority group political
structure equal protection of the law by altering, restructuring, or
reordering the policy decisionmaking process in a manner that burdens
the ability of members of the minority group to effect the enactment
of future legislation, solely with respect to a matter that inures
primarily to the benefit of, or is primarily of interest to, one or
more minority groups.
(b) (1) A member of a minority group, as defined in paragraph (2),
may bring a civil action challenging the validity of a statute,
ordinance, or other state or local rule, regulation, or enactment,
pursuant to subdivision (a).
(2) For purposes of this section, "minority group" means a group
of persons who share in common any race, ethnicity, nationality, or
sexual orientation.
(c) A statute, ordinance, or other state or local rule,
regulation, or enactment shall be determined valid in an action
brought pursuant to this section, only upon a showing by the
government that the burden imposed by the statute, ordinance, or
other state or local rule, regulation, or enactment satisfies both of
the following criteria:
(1) The burden is necessary to serve a compelling government
interest.
(2) The burden is no greater than necessary to serve the
compelling government interest.
