This past Friday, a Los Angeles judge ruled that California’s landmark diversity law is unconstitutional. This law mandated that publicly held corporations must alter their boards by selecting members from certain racial, ethnic or LGBT groups. Judicial Watch, a conservative legal group that had sought a permanent injunction against the measure, was granted the brief ruling granting summary judgement on the matter. Apparently, the ruling did not explain the judges reasoning.
Common sense was apparently listening and freedom prevailed.
Judicial Watch President Tom Fitton said in a statement that this ruling "declared unconstitutional one of the most blatant and significant attacks in the modern era on constitutional prohibitions against discrimination," Their lawsuit argued that the law violated the state’s constitutional equal protection clause.
The measure, that was signed into law last year with a stated compliance date of December 31 requiring corporate boards of publicly traded companies with a main executive office in the State of California to include a member from an "underrepresented community". Those suggested to be included were LGBT, Black, Latino, Asian, Native American or Pacific Islander. Boards were to meet this compliance either by adding a seat or filling a vacant one. Additionally, by this December 31st, each publicly held corporation must include a minimum number of these diverse members based on the total size of the board.
In arguing its’ case, in court filings, the state represented that the measure didn’t "discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting." Apparently, the judge disagreed.
In the recent California’ "Diversity on Boards" report, issued in March, the secretary of state documented that about 300 out of some 700 corporations had complied to date, with over half of the corporations electing not to file the required disclosure statement. Further, it would seem that no companies have been fined for non-compliance with the state arguing that no tax dollars actually had been used to enforce the measure. What about the tax dollars wasted on the development of this law itself ?
California, known to be a bastion of the radical left in putting forward policies, has stepped past the brink of rational in its’ unconstitutional reach into the corporations left there who still pay taxes. This measure which was signed into law by Governor Newsome is a great example of why businesses are leaving California in droves, as are its’ residents. California’s loss is being felt across the “Golden State” as they scramble for ways to tax the businesses and residents that are left. This is yet another good reason to flee to freedoms offered elsewhere. This exodus gives the phrase “49er fan” new meaning. Any one of the other 49 states has to be an improvement.
America needs to remember that California usually leads the country in radically left thinking socialistic policies, as well as taxes, gas prices, food and housing costs, public school dictates, medically necessary mandates, homelessness, illegal immigrants, a crumbling infrastructure and so on. It is not the place to move to if you value freedom or want to raise a family. “Pretty is as pretty does.”
California is a beautiful state that has been corrupted by the radical left whose need to control everything under the guise of diversity and equality have given the whole state a black eye. Simple freedom is no longer to be found there. Organizations like Judicial Watch are proving it.