California's law requiring women on corporate boards is unconstitutional, judge rules

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A California judge ruled that the state's law mandating that corporate boards must give at least one seat to someone who identifies as a woman is unconstitutional.

judge has ruled that the state's 2018 law mandating that companies name at least one person who self-identifies as a woman to a seat on the corporate board violates the state constitution's equal protection clause.

The law had required corporations to have one female – which, according to the bill's text, means "an individual who self-identifies her gender as a woman, without regard to the individual’s designated sex at birth" – on their boards of directors by the end of 2019. By January 2022, boards with five directors had to have two women and boards with six or more members were required to have three women.

But Judicial Watch argued that it was illegal to use taxpayer funds to enforce a law that violates the equal protection clause. Half of the more than 700 corporations that were required to comply with the law did not file disclosure statements. However, no fines were issued against the noncompliant companies and a chief in the secretary of state's office testified in the trial that the office had no intention to issue any fines.

 

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