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Friday, December 3, 2021

California sues minority and LGBT board nomination law

The conservative think tank has filed a federal civil rights lawsuit against California to overturn a law that imposes quotas for state-owned corporations, requiring them to appoint board members solely based on race and sexual orientation.

The legislation in question is the result of last year’s racial riots that caused more than $ 2 billion in property damage and were staged across the country by Black Lives Matter and Antifa.

The National Center for Public Policy Research (NCPPR) lawsuit against Weber was filed November 22 in the US District Court for the Eastern District of California.

Defendant Shirley Weber, a radical left-wing scholar before entering politics, is being prosecuted in her official capacity as California’s secretary of state. Until January of this year, the San Diego Democrat was a member of the California State Assembly, where she championed AB 3121, a law creating a task force to develop proposals to pay reparations to blacks to compensate them for having ancestors for more than a century. one and a half ago who were enslaved. California has an “ugly past,” and its “systemic injustice” needs to be confronted, she said when her bill became law last year.

NCPPR is a free market research and shareholder advocacy organization. He is represented in a lawsuit by the Pacific Legal Fund (PLF) of Sacramento, which argues that a new law, known as AB 979, perpetuates discrimination by treating people on the basis of their immutable characteristics rather than as individuals.

As of 2020, state law known as SB 826 requires all California-based government corporations to meet a quota of female board members or be fined. PLF client and shareholder activist Creighton Meland disputes SB 826 in the same US District Court. The state tried to close the case, but the US 9th Circuit Court of Appeals unanimously ruled that the shareholder of the California company had the right to file a claim under the law.

Starting next year, AB 979 will require affected corporations to meet an additional quota for board members based on race and sexual orientation.

When law AB 979 was signed on September 30, 2020, California Governor Gavin Newsom, a Democrat, said he did so to promote “racial justice.”

“When we talk about racial justice, we talk about empowerment, we talk about power, we need to talk about seats at the table,” Newsom said, according to the Los Angeles Times.

NCPPR disagrees with the use of government coercion to promote diversity.

The problem is that “these diversity quotas apply to all businesses in all industries for an indefinite period, regardless of whether there is any concrete evidence of discrimination,” the organization says in its legal complaint.

“These laws, which distribute benefits and impose burdens based on race, gender and sexual orientation, are unconstitutional.”

PLF lawyer Daniel Ortner said that by the end of this year, all publicly traded corporations headquartered in California will be required to “have one racial minority or LGBT on their board.”

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“What’s going on is that the state of California has decided that they can step in and force private companies to impose quotas on race, sex and all kinds of quotas,” Ortner told The Epoch Times.

But the Supreme Court views quotas as “offensive because all they care about is belonging to a class – they no longer treat you as an individual … and this is deeply, deeply, deeply contrary to the Constitution and the ideals of equality according to with the law. ” the law enshrined in the Constitution ”.

According to AB 979, any “publicly traded domestic or foreign corporation whose chief executive officer is … located in California” must have “at least one director from an under-represented community on its board” by December 31, 2021, the petition says.

By December 31, 2022, the corporation should have several directors with specified characteristics, depending on the size of the board. If the corporation has 5 to 8 directors, at least two must be members of an under-represented community. A corporation with 9 or more directors must have at least 3 members from an under-represented community.

An “underrepresented filmmaker” is defined as “a person who identifies as black, African American, Hispanic, Hispanic, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who identifies as gay. , lesbian, bisexual or transgender people. “

The National Association of Scientists (NAS) has welcomed the new lawsuit.

“It’s a shame this terrible law was ever passed by the California legislature,” said NAS communications director Chance Leighton.

“Laws like these often start out with good intentions, but quickly get out of hand. If this law is left in effect, we might as well respond to the Civil Rights Act of 1964, ”Leighton told The Epoch Times in an e-mail statement.

“The American government should never practice discrimination based on race or gender. The California Legislature … has already demonstrated its willingness to discriminate and act with prejudice last year in the fight for Proposition 16. Fortunately, this ballot was defeated because no matter what those in power believe, people understand that allowing the state to discriminate about the invariable attributes of people is fundamentally wrong. “

When she was a member of the Assembly last year, Weber introduced legislation that would become Proposition 16 that would overturn the state’s constitutional prohibition on affirmative action based on race and gender, according to Ballotpedia.

Weber’s office did not respond to a request for comment at the time of publication.

To follow

Matthew Wadum is an award-winning investigative journalist and recognized expert on the leftist movement.

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