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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.
State v. Tran
Ruled that the Hawaii constitutional provision allowing the legislature to define jury unanimity required for a conviction of continuous sexual assault against a minor below 14 years of age did not violate Equal Protection Clause of the US Constitution
State ex rel. Parson v. Walker
Held that statute governing Governor's power to grant reprieves, commutations and pardons placed no limit on Governor's exclusive constitutional discretion over clemency matters
Commonwealth v. Torsilieri
Held that Sex Offender Registration and Notification Act's presumption that adult sex offenders posed higher risk of recidivism did not violate due process
Navahine F. v. Hawai‘i Department of Transportation
State reached settlement with plaintiffs who sued over the climate impact of the state transportation system. Under settlement, Hawaii must plan and implement carbon reduction plans; fund and complete green transportation projects; establish oversight unit in the transportation department; and involve youth in the process. The trial court has approved the settlement and has jurisdiction over any disputes that arise.
In Re the State of Texas
The State of Texas requested that a Harris County guaranteed income program in that would use federal funds to disburse $500 cash payments (monthly, for 18 months) to 2,000 low-income county residents be paused as a lawsuit over the program proceeds in the trial court. The Texas Supreme Court issued a temporary injunction.
In re Covid-related Restrictions on Religious Services
Affirmed dismissal of the clergy members’ challenge to restrictions on religious gatherings during the Covid-19 pandemic. Because the restrictions were lifted before the action was filed and the possibility of future pandemic conditions is speculative, the court said, the plaintiffs cannot establish irreparable harm for injunctive relief or standing for their declaratory claim. The court also found the governor immune from the clergies’ damages claims, rejecting the argument that his restrictions fell outside the state tort law’s liability exemption for “discretionary” acts because he lacked authority to interfere with religious worship under the state constitution.
Naomi Young
Naomi Young is a law and policy associate at the ERA Project at Columbia Law School’s Center for Gender and Sexuality Law.
Putting State Equal Rights Amendments to Work
A new initiative aims to integrate sex equality principles at every stage of policymaking.
Kanahele v. State
Held that the state's transfer of control over a mountain access road constituted a breach of its constitutional duty to carry out the Hawaiian Homes Commission Act
