Ohio enshrined a right to abortion in the state constitution.
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.
New York State’s high court has yet to define the scope of the right to shelter, which comes from a Depression-era amendment to the state constitution.
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.
A recent case considered a unique and underappreciated state constitutional provision.