In his opinion striking down the gender-quota law, Judge Terry A. Green found the law “violates the Equal Protection Clause of the California Constitution on its face.”
The judge elaborated why the California Legislature exceeded its authority in mandating the composition of boards:
“The difficulty is that the Legislature is thinking in group terms. But the California Constitution protects the right of individuals to equal treatment. Before the Legislature may require that members of one group be given certain board seats, it must first try to create neutral conditions under which qualified individuals from any group may succeed. That attempt was not made in this case.”
The court concluded:
“The statute treats similarly situated individuals – qualified potential corporate board members – differently based on their membership (or lack thereof) in certain listed racial, sexual orientation, and gender identity groups. It requires that a certain specific number of board seats be reserved for members of the groups on the list – and necessarily excludes members of other groups from those seats.
“The Secretary has not identified a compelling interest to justify this classification. The broader public benefits produced by well-run businesses do not fit that bill.”