TX Files Amicus Brief Against Unconstitutional Racial, Sex-Based Quota System

“The courts have made clear that the use of racial and sex-based quotas by the government in situations like this is blatantly unconstitutional.”

AUSTIN – Attorney General Ken Paxton last night filed an amicus brief in the U.S. District Court for the Western District of Texas supporting a lawsuit that challenges unconstitutional racial and sex-based quotas for board membership on the State Bar of Texas.

Currently, the board of directors of the Texas bar expressly requires “four minority member directors.” Austin attorney Greg Gegenheimer wants to apply for an open director position on the board, but the bar is only allowing “female, African-American, Hispanic-American, Native American, or Asian-American” members to be considered for that position.

Gegenheimer, who is a white male, argues in his lawsuit that his exclusion amounts to race and sex discrimination in violation of the U.S. Constitution’s equal protection clause.

In the amicus brief, Attorney General Paxton urges the court to invalidate the unconstitutional quota system.

“This is really not a difficult case,” Attorney General Paxton said. “The courts have made clear that the use of racial and sex-based quotas by the government in situations like this is blatantly unconstitutional. Leadership positions should be available to all state bar members based on their merit, not their skin color, ethnicity or sex.”

View a copy of the amicus brief here:

https://www.texasattorneygeneral.gov/files/epress/Amicus_Brief_-_State_Bar_of_Texas.pdf?cachebuster:18