Case Particulars

Tribunal

California Public Comment

Date Filed

April 21, 2026

Docket No.

N/A

Case Status

Case Overview

The Legal Insurrection Foundation’s Equal Protection Project submitted a public comment opposing California Assembly Constitutional Amendment 7 (ACA 7), arguing that the proposal would significantly weaken longstanding nondiscrimination protections in the California Constitution. The submission contends that ACA 7, if approved, would effectively permit race- and sex-based preferences in public education, undermining the principles established by Proposition 209, which prohibits discrimination or preferential treatment based on race, sex, color, ethnicity, or national origin in public programs.

The statement explains that ACA 7 does not formally repeal Proposition 209 but instead narrows its scope in a way that amounts to a de facto repeal in the education context. Specifically, the amendment would remove most public education programs—including K–12 policies, grants, and state-funded initiatives—from constitutional protections against discrimination, while preserving limited restrictions only for higher education admissions. The submission argues that this selective carve-out misinterprets the scope of the Supreme Court’s decision in Students for Fair Admissions v. Harvard, emphasizing that the Court’s broader principle prohibits all forms of racial discrimination, not just those in admissions.

Finally, the submission asserts that ACA 7 would have significant real-world consequences by authorizing widespread discrimination across public education systems. It warns that allowing race- and sex-based preferences in K–12 and most higher education functions would erode equal protection guarantees, contradict voter intent reaffirmed in prior ballot measures, and create a legal framework inconsistent with both state and federal constitutional principles. The submission concludes that ACA 7 undermines the foundational commitment to equality and urges its rejection.