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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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Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
Are State Courts More Protective of Transgender People than Federal Courts?
As the U.S. Supreme Court deals another blow to trans rights, a new survey finds that almost 55 percent of related state cases from 2022 to 2024 had a positive impact on trans lives.
The Wisconsin Constitution: Initial Adoption Fights and a Veto Power That’s Still Contested
The charter is a guide for safeguarding the state’s aim of self-determination.
Equal Rights Amendments and Age-Based Discrimination
A majority of the New York high court upheld the state’s mandatory retirement rules for judges but avoided grappling with the complexities of the new ERA.
State Constitutions Must Better Protect Children
State and federal law fails children caught in custody battles, sometimes with tragic results.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
The Maine Constitution: Like the State’s Population, Stubbornly Itself
The pragmatic 1820 document is one of the oldest still in use.
Ohio Municipalities Win Expanded Procedural Rights in Firearms Case
The state supreme court held that cities may immediately appeal orders enjoining their ordinances.