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While not every state discriminates in its boards and commissions, many do. 

 

PLF found that 25 states have race- and/or sex-based mandates for public boards and commissions.

 

Fifteen of those states have mandates for every single board in the state. Other states have mandates only for certain boards. Our research suggests these provisions most often apply to state boards of social work (10 states), medical examination (6 states), pharmacy (6 states), and dentistry (6 states).

 

Read PLF’s report, Public Service Denied: How Discriminatory Mandates Prevent Qualified Individuals from Serving on Public Boards.

Race– and sex-based preferences violate the Equal Protection Clause of the Constitution, which guarantees that “no state shall deny to any person within its jurisdiction the equal protection of the laws.”  

foreclosure

Race– and sex-based preferences violate the Equal Protection Clause of the Constitution, which guarantees that “no state shall deny to any person within its jurisdiction the equal protection of the laws.”  

Of Note

Court strikes down Iowa gender quota for Judicial Nominating Commission

For decades, Iowa had a gender quota for its Judicial Nominating Commission, which interviews and recommends individuals to be appointed by the governor to the Iowa Supreme Court and Court of Appeals. Pacific Legal Foundation represented Charles Hurley, a grandfather and former state representative who was ineligible for election to the commission because of his gender. In 2024, Charles won his case: A federal court ruled Iowa’s gender quota unconstitutional.  

Learn More

 

Home equity theft

Race- and sex-based mandates for public service must end.

When the government uses race or sex to favor one group of people, it denies opportunities to another group.   

Moreover, the imposition of race- and sex-based quotas on government boards and commissions sends a troubling message about the values of our society. It suggests that individuals should be judged not by their abilities or accomplishments but by their race or sex.  

In a just society, individuals should be judged based on their character, qualifications, and achievements, not on immutable characteristics they cannot control. 

Do you want to serve on a board but worry you'll be denied because of your race or sex? Submit your case to PLF and see if we can help you.

Submit your case

Attorneys & Staff

Joshua P. Thompson

Director of Equality and Opportunity Litigation

Laura D’Agostino

Attorney

Caleb R. Trotter

Attorney

Glenn E. Roper

Senior Attorney

Jen Ohman

Media Manager

Cases

March 13, 2024

Washington Examiner: Montana hit with federal lawsuit over ‘race and gender balancing’ on medical board

A national medical advocacy group filed a federal lawsuit on Tuesday against Gov. Greg Gianforte’s (R-MT) office challenging Montana’s use of race and gender mandates to govern appointments to pub…

February 14, 2024

Reuters: Iowa judicial nominating panel's gender quotas are unconstitutional, US judge says

A federal judge on Thursday ruled that an Iowa law requiring an equal number of men and women from each of its congressional districts to serve in elected seats on a commission that vets applicants to…

January 11, 2024

Alabama Reporter: Lawsuit challenges “racial quota” for Alabama Real Estate Appraisers Board

There is presently one opening on the board for a public member, and the statute requires the governor to consider race when appointing a person to that opening. At least one interested member of the …

November 7, 2023

Wall Street Journal: Tennessee’s Racial Podiatry Rule

The Supreme Court’s ruling this summer in Students for Fair Admissions ended racial preferences among college applicants, but the task of extending that legal precedent for colorblindness is only be…