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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 Nebraska Constitution: Creator of the Country’s Only Unicameral Legislature
The powers of initiative and referendum make the people the “second house.”
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
State Courts Offer Protection Against Pregnancy Discrimination
Courts in almost two dozen states have rejected the U.S. Supreme Court’s reasoning that discrimination based on pregnancy is not sex discrimination.
Can States Ban Federal Officers from Wearing Masks?
The answer likely boils down to whether courts believe masking is necessary for the federal government to do its job.
The Hawaii Constitution: Rooted in Culture and ‘Āina (Land)
With extensive protections for the environment, the Hawaii Constitution is a model for other states’ green amendments and public trust provisions.
The Rhode Island Constitution: Royal Charter and a Modern Constitutional Convention
The Ocean State’s constitution is notable for protection of its surrounding waters; an update to the document in the 1980s included more than 40 amendments.
Behind the Movement Toward Humane Punishment
A recent Pennsylvania decision barring mandatory life without parole for felony murder is part of an accelerating trend toward broad state constitutional protections for people in the criminal justice system.
Ohio Supreme Court Hears Arguments in Trans Rights Case
Transgender children and their parents are challenging the state’s ban on gender-affirming care.