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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 Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health-care freedom" provisions passed to limit the Affordable Care Act.
The Florida Constitution: For the People?
Citizen support for constitutional amendments has been undermined by the legislature’s interpretation of those initiatives.
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
Lawsuits Allege Unlawful Surveillance of Pregnant Patients
According to the allegations, hospitals and state agencies in New Jersey and Vermont violated rights to privacy and bodily autonomy by drug testing and monitoring pregnant people.
An Ohio Court Strikes Down Ban on Gender-Affirming Care for Minors
Citing the state’s health care freedom amendment, the court ruled that Ohio’s restrictions on transgender youth care violate the state constitution.
North Carolina’s Constitution of Contrasts
The state’s 55-year-old constitution offers progressive protections like a right to education while retaining elements of state-sponsored efforts to prevent Black progress in the post-Reconstruction era.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.