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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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Ohio Supreme Court Hears Arguments in Trans Rights Case
Transgender children and their parents are challenging the state’s ban on gender-affirming care.
Kentucky’s Constitution: From Open Frontier to Fiercely Independent
The state constitution’s strong separation of powers language was written by Thomas Jefferson; he wished the U.S. Constitution had the same.
State Court Oral Arguments to Watch for in April
Issues on the dockets include ranked-choice voting, de facto life sentences, so-called “shadow” foster care, and defamation against a drag performer.
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court
A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.
The New Mexico Constitution: Heavily Influenced By Its Land, Culture, and Peoples
The rights of Spanish speakers, including public school students, are uniquely protected.