Civil rights: political structure equal protection.

The California Constitution prohibits a person from being deprived of life, liberty, or property without due process of law, or from being denied equal protection of the laws. The United States Constitution prohibits a state from denying to any person within its jurisdiction the equal protection of the laws. Existing case law interprets that provision as guaranteeing racial minorities the right to full participation in the political life of the community, and prohibiting racial or ethnic groups from being denied, or precluded from entering into the political process in a reliable and meaningful manner. Existing law permits individuals whose personal rights have been violated, in certain circumstances, to bring a civil action for damages or other appropriate relief. This bill would prohibit a statute, ordinance, or other specified enactment from denying a minority group, as defined, political structure equal protection of the law by altering, restructuring, or reordering the policy decisionmaking process in a manner that burdens the ability of members of the minority group to effect the enactment of future legislation, solely with respect to a matter that inures primarily to the benefit of, or is primarily of interest to, one or more minority groups. The bill would authorize a member of a minority group, as defined, to bring a civil action challenging the validity of a statute or ordinance, or other enactment on that basis. The provision in question would be determined valid only upon a showing by the government that the burden it imposes is necessary to serve a compelling public interest, and is no greater than necessary to serve that interest. The bill would include supporting legislative findings and declarations.