(The Center Square) – A public interest law firm is looking for people not allowed to serve on Arkansas government boards or commissions because of a race or gender quota.
Seven government boards or commissions have quotas, according to the Liberty Justice Center. For example, the Arkansas Ethics Commission requires “at least one (1)member of a minority race, one (1) woman, and one (1) member of a minority political party…, serves on the commission,” according to Arkansas law.
The U.S. Supreme Court struck down race-based affirmative action admission policies, saying in a June decision the policies violate the Equal Protection Clause of the 14th Amendment.
However, some appointments based on race or gender still exist in some states, according to the LJC.
“In this day and age, it doesn’t seem necessary anymore, and the Supreme Court made that clear in June of 2023 in the Students for Fair Admissions case, basically saying the end of the affirmative action era is over,” said Loren Seehase, LJC senior counsel. “It’s demeaning to the person who’s appointed to that position because it places a shadow over their own accomplishments that really perpetuates stereotypes that are no longer valid that somebody was only appointed because of their race or gender rather than their accomplishments.”
LJC is looking for Arkansans who may have been excluded from a board or commission because of their race or gender. The firm published a website last week where people can tell their stories. The plan is to file a lawsuit challenging the laws, Seehase said.
“These types of lawsuits will help to highlight that they are unconstitutional,” Seehase said. “I know that there are legislators that are working on repealing these discriminatory laws, but in the meantime, these court rulings that are coming out across the country determining that they are unconstitutional will help to bolster the legislator’s actions in repealing the laws.”
A U.S. District Court judge in Iowa ruled last week that a law requiring two elected members of the Iowa State Judicial Nominating Commission to be of opposite genders is unconstitutional in a case brought by the Pacific Legal Foundation.
Judge Stephanie M. Rose said the Iowa law addresses past discrimination.
“However, the Court cannot find the law is substantially related to any current discrimination, nor can the Court find that the law is tailored to accomplish any of the government’s other stated objectives,” Rose said in the order provided by PLF. “Therefore, the Court must find that Iowa Code § 46.2 does not survive intermediate scrutiny.”
LJC litigate cases in state and federal courts regarding free speech, workers’ rights, education and government overreach. The firm represents The Center Square in the case of McCaleb vs. Long that is challenging a decision to block news media from court rule making meetings in Tennessee.
