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Civil Rights
State constitutions guarantee equality, freedom from discrimination, fair treatment under the law, and a broad range of other civil rights. Issues that regularly crop up in state court include discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation or identity, age, or disability, abuses of power by government actors, as well as the availability of monetary damages for such state constitutional violations.
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The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
Extreme Heat Exacerbates Dire Prison Conditions, With Few Paths to Relief
People behind bars are particularly vulnerable to harm during heat waves and climate-related disasters. Advocates should consider state constitutional solutions.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Reflections on the Supreme Court’s Decision Upholding a Ban on Gender-Affirming Care for Trans Youth
We spoke with a transgender rights advocate about U.S. v. Skrmetti’s impact on trans people and what’s next in the struggle for equal rights.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.