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CA AB2646
Bill
Status
9/30/2014
Primary Sponsor
Philip Ting
Click for details
AI Summary
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Adds Section 53.7 to the California Civil Code to protect minority groups from laws that alter the political policymaking process in ways that burden their ability to enact future legislation on matters of primary concern to them.
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Defines "minority group" as persons sharing race, ethnicity, nationality, or sexual orientation, and authorizes members to bring civil actions challenging statutes, ordinances, or other enactments that violate political structure equal protection.
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Requires the government to demonstrate that any challenged law satisfies strict scrutiny by proving the burden is necessary to serve a compelling government interest and is no greater than necessary to achieve that interest.
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Grounds the statute in the "Hunter/Seattle doctrine" established through U.S. Supreme Court cases Hunter v. Erickson (1969) and Washington v. Seattle School District No. 1 (1982), which prohibit laws targeting the political process on issues of primary concern to minority groups.
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Declares that California's equal protection guarantee under Article I, Section 7 should provide at least as much protection as the Fourteenth Amendment's Equal Protection Clause, including political structure equal protection.
Legislative Description
Civil rights: political structure equal protection.
Last Action
Chaptered by Secretary of State - Chapter 912, Statutes of 2014.
9/30/2014