Added by Stats. 2014, Ch. 912, Sec. 2. (AB 2646) Effective January 1, 2015.
(a)A statute, ordinance, or other state or local rule, regulation, or enactment shall not deny a minority group political structure equal protection of the law by altering, restructuring, or reordering the policy decisionmaking process in a manner that burdens the ability of members of the minority group to effect the enactment of future legislation, solely with respect to a matter that inures primarily to the benefit of, or is primarily of interest to, one or more
minority groups.
(b)(1) A member of a minority group, as defined in paragraph (2), may bring a civil action challenging the validity of a statute, ordinance, or other state or local rule, regulation, or enactment, pursuant to subdivision (a).
(2)For purposes of this section, “minority group” means a group of persons who share in common any race, ethnicity, nationality, or sexual orientation.
(c)A statute, ordinance, or other state or local rule, regulation, or enactment shall be determined valid in an action brought pursuant to this section, only upon a showing by the government that the burden imposed by the statute, ordinance, or other state or local rule, regulation, or enactment satisfies both of the following criteria:
(1)The burden is necessary to serve a compelling government interest.
(2)The burden is no greater than necessary to serve the compelling government interest.
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