Find out our compilation of useful information regarding laws, policies, and advocacy.
Stay tuned as we post links to local grassroots groups here!
The Federal Level
The Fourteenth Amendment to the U.S. Constitution: guarantees equal protection of the laws for all U.S. citizens.
Title VI of the Civil Rights Act of 1964: "prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance".
Title VII of the Civil Rights Act of 1964: "prohibits employment discrimination based on race, color, religion, sex and national origin".
1978 Supreme Court Ruling on Regents of UC v. Bakke (reiterated in 2003 Grutter v. Bollinger: bans the use of racial quotas in admissions.
2003 Supreme Court Rulings on Grutter v. Bollinger & Gratz v. Bollinger: reaffirm racial quotas as unconstitutional; rule that race-conscious admissions must be narrowly tailored, undergo strict scrutiny and suffice a compelling government interest in class diversity; rule race as merely a plus factor in an individualized evaluation.
2016 Supreme Court Ruling on Fisher v. University of Texas: upheld that race is but a "factor of a factor of a factor" in holistic admissions.
Supreme Court Rulings on City of Richmond v. Croson (1989), Adarand Constructors, Inc. v. Peña (1995), and Ricci v. DeStefano (2009): reinforce the principle of strict scrutiny for federal, state and local race-based employment decisions.
Supreme Court Rulings on Miller v. Johnson (1995). "Whenever the government treats any person unequallybecause of his or her race, that person has suffered an injury that falls squarely within the language and spirit of the Constitution's guarantee of equal protection."
The State Level
California Constitution Article I Section 31(a): prohibits the state from discriminating against or granting preferential treatment to any individual or group "on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting".
California Supreme Court Rulings on Hi-Voltage v. City of San Jose & Coral Construction Co. v. City and County of San Francisco: state programs in public education, employment or contracting can only be exempt from the state ban on racial preferences and engage in race-conscious affirmative action in the following two cases:
When explicitly race- or gender-based measures are required by the equal protection clause or federal statutes to rectify past and current discrimination.
When such measures are required as a condition of receipt of federal funds.
The First Amendment to the U.S. Constitution: protects freedom of speech, the press, assembly and the right to petition the Government for a redress of grievances.
California Constitution's Free Exercise Clause: guarantees the free exercise and enjoyment of religion without discrimination or preference; requires even greater separation of church and state than the federal Constitution.
California Constitution's No Government Aid Clause: prohibits government aid of religion.
Parental rights and public K-12 education
Article 3 of the California Education Code: prohibits discrimination on the basis of disability, gender, nationality, race or ethnicity, religion... in state public education programs.
Article 4 of the California Education Code: prohibits the advocacy or teaching of communism with the intent to indoctrinate or to inculcate in the mind of any pupil a preference for communism.
Protection of Pupil Rights Amendment: affords parents of students certain rights regarding, among other things, participation in surveys, the collection and use of information for marketing purposes, and certain physical exams.
Sections 51513 of the California Education Code: requires parental consent in writing for K-12 regarding test, questionnaire, survey, or examination containing any questions about the pupil's personal beliefs or practices in sex, family life, morality, and religion.
California Family Code 6924: prescribes parental consent for mental health counseling for minors.
"The liberty of a parent to the care, custody, and control of their child is a fundamental right that resides first in the parent." (Wyoming State Parental Rights Statue).
Parents have the fundamental right to direct their children's upbringing.
CFER allies that champion parental rights:
"Promise to America's Parents" by the Alliance Defending Freedom