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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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State Courthouses in the ICE Age
The Trump administration’s actions signal a sea change in immigration enforcement and a broader assault on state and local governments.
The Ohio Constitution: Its History and Its Future
Recent amendments, and fights against them, demonstrate the importance of the state constitution.
Honoring Former Hawaii Justice Masaji Marumoto’s Legacy on the Bench
A look at Marumoto’s trailblazing career, in celebration of May’s Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
What Can States Do to Mitigate the Threat of ICE Arrests in Courthouses?
Wisconsin trial Judge Hannah Dugan’s high‑profile arrest renews focus on the impact of ICE enforcement inside state courthouses.
Washington Supreme Court Hears Challenge to Ban on Large-Capacity Magazines
The court must navigate confusing U.S. Supreme Court precedent in evaluating the ban.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.