Amended in Senate August 13, 2014

Amended in Senate July 1, 2014

Amended in Senate June 12, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2646


Introduced by Assembly Member Ting

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(Coauthor: Assembly Member Weber)

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February 21, 2014


An act to add Section 53.7 to the Civil Code, relating to civil rights.

LEGISLATIVE COUNSEL’S DIGEST

AB 2646, as amended, 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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The United States Supreme Court has interpreted the Equal
4Protection Clause of the Fourteenth Amendment of the United
5States Constitution as disfavoring and subjecting to “strict scrutiny”
6state and local laws that (1) target a suspect classification of
7persons, (2) restrict a fundamental right, or (3) alter the political
8policymaking process with respect to an issue of primary concern
9to a minority group or groups. This last doctrine is commonly
10referred to as “political structure equal protection.”

11(b) The doctrine of political structure equal protection was
12established primarily through two United States Supreme Court
13decisions, Hunter v. Erickson (1969) 393 U.S. 385, and Washington
14v. Seattle School District No. 1 (1982) 458 U.S. 457. As a result,
15this doctrine has also been referred to as the “Hunter/Seattle”
16doctrine. In the recent case of Schuette v. BAMN, et al. (2014)
17134 S. Ct. 1623, the United States Supreme Court has further
18interpreted the political structure equal protection doctrine,
19although the implications of this new interpretation are not yet
20clear.

P3    1(c) Because the Hunter/Seattle doctrine was established as a
2part of the Equal Protection Clause of the Fourteenth Amendment
3of the United States Constitution, there has not been the need or
4occasion for the California Supreme Court to determine whether
5the California Constitution, through its own guarantee of equal
6protection of the laws under Section 7 of Article I, also includes
7 political structure equal protection.

8(d) Because the California Constitution goes at least as far as
9the United States Constitution in protecting rights and liberties,
10and in some cases has been interpreted to go beyond the United
11States Constitution in providing such protections, the guarantee
12of political structure equal protection that has been part of the
13United States Constitution for nearly 50 years should appropriately
14be recognized in the California Constitution. Specifically, the
15Legislature believes that Section 7 of Article I of the California
16Constitution provides broader protection of individual liberties
17and rights than the Equal Protection Clause of the Fourteenth
18Amendment of the United States Constitution, and these broader
19protectionsbegin insert shouldend insert include the political structure equal protection
20doctrine, as interpreted prior to Schuette v. BAMN.

21(e) Independent of the guarantees afforded by the California
22Constitution, the Legislature believes that the Hunter/Seattle
23doctrine provides a prudent and salutary rule for statutory
24protection against discriminatory statutes, ordinances, or other
25state or local rules, regulations, or enactments.

26

SEC. 2.  

Section 53.7 is added to the Civil Code, to read:

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53.7.  

(a) A statute, ordinance, or other state or local rule,
28regulation, or enactment shall not deny a minority group political
29structure equal protection of the law by altering, restructuring, or
30reordering the policy decisionmaking process in a manner that
31burdens the ability of members of the minority group to effect the
32enactment of future legislation, solely with respect to a matter that
33inures primarily to the benefit of, or is primarily of interest to, one
34or more minority groups.

35(b) (1) A member of a minority group, as defined in paragraph
36(2), may bring a civil action challenging the validity of a statute,
37ordinance, or other state or local rule, regulation, or enactment,
38pursuant to subdivision (a).

P4    1(2) For purposes of this section, “minority group” means a group
2of persons who share in common any race, ethnicity, nationality,
3or sexual orientation.

4(c) A statute, ordinance, or other state or local rule, regulation,
5or enactment shall be determined valid in an action brought
6pursuant to this section, only upon a showing by the government
7that the burden imposed by the statute, ordinance, or other state
8or local rule, regulation, or enactment satisfies both of the following
9criteria:

10(1) The burden is necessary to serve a compelling government
11interest.

12(2) The burden is no greater than necessary to serve the
13compelling government interest.



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