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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 Maryland Constitution: One of the Nation’s Oldest, and a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
State Judges Target the U.S. Supreme Court
A justice in Washington concurred in a recent opinion but dissented “from the racism embedded in the federal case law that applies to this dispute.”
2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.
Case Trends: Post-Dobbs and Skrmetti, State Courts Are Battlegrounds for Transgender and Reproductive Rights
State courts are leaning on their unique state constitutional provisions, departing from federal precedent, and deciding who can challenge restrictive laws.
A Win for Georgia's Gullah Geechee
The Georgia Supreme Court ruled that an island community descended from enslaved people could move forward with a referendum to overturn zoning changes that they argue will price them out of their homes.
Pennsylvania’s Radical Constitution: An Experiment in the Making
From an early embrace of popular sovereignty to current voting decisions that make national news, Pennsylvania’s constitution has long reached beyond the state itself.