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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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Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court
A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.
The New Mexico Constitution: Heavily Influenced By Its Land, Culture, and Peoples
The rights of Spanish speakers, including public school students, are uniquely protected.
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.
State Constitutions Could Bar State and Local Police Collaboration with ICE
Case law in multiple states suggests state and local officials who cooperate in federal abuses might run afoul of their own state constitutions.
The Other Declarations of 1776
A number of states adopted constitutions, including Declarations of Rights, the same year the nation was born.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.
The Untold Story of 150 Years of Women in State Judiciaries
A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.