A judge in Los Angeles struck down as unconstitutional California’s recent law requiring a certain number of women to be on the boards of publicly-owned companies. Like so many laws passed by liberals, it attempted to fight discrimination by overreaching the government’s powers and imposing discrimination. And before the howling about the patriarchy starts, please note that it was a female judge.
One interesting aspect to this story is that even before the state legislature passed it, an analysis by their own legal experts warned that it would “likely be challenged on equal protection grounds.” They passed it anyway. As he was signing the bill, former Gov. Jerry Brown said there were “serious legal concerns” about it. But he signed it anyway.
Yet after it was struck down, the bill’s co-author, Senate President Pro Tempore Toni Atkins, said the ruling was “disappointing,” and that “More women on corporate boards means better decisions and businesses that outperform the competition – that’s a studied, proven fact. We believe this law remains important – despite the disheartening ruling from the Los Angeles Superior Court – and it exemplifies equal access and opportunity, the very bedrock of our democracy.”
Okay, three things: it doesn’t exemplify equal access and opportunity, it VIOLATES that principle by requiring the hiring of people based solely on gender rather than qualifications. Thinking something is good doesn’t give politicians the power or authority to order companies to do it, particularly when it violates the law and the Constitution. And the ruling to strike it down shouldn’t be described as “disappointing” or “disheartening.” I think the more accurate term is “utterly predictable.”