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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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Challenging Anti-Trans Legislation Under State Constitutions
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.
Giving Meaning to Georgia’s ‘Social Status’ Clause
A recent case considered a unique and underappreciated state constitutional provision.
Getting Racial Bias Off the Jury
Washington innovates on peremptory strikes.
NC Supreme Court Upholds Law Barring People on Probation and Parole from Voting
While state courts have been skeptical of judicial remedies, momentum for legislative responses is growing.
North Carolina Supreme Court Upholds Voter ID Law 5 Months After Striking It Down
A conservative majority held that the law was not racially discriminatory, reversing the court’s prior ruling.
The Racist History of State Constitutions Taking Voting Rights from People Convicted of Crimes
Two court decisions raise questions about whether modifying discriminatory provisions can wash away their dubious histories.
Washington Supreme Court to Hear Challenge to State Voting Rights Act
Oral argument is set for May 11 in a challenge under the 14th Amendment and state constitution.
Washington Supreme Court Changes the Balance of Power Between Passengers and Police on Public Transit
In assessing policing tactics, the court considered racial disparities in the justice system.