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CONNERLY v. SCHWARZENEGGER

No. C050204.

53 Cal.Rptr.3d 203 (2007)

146 Cal.App.4th 739

Ward CONNERLY, Plaintiff and Respondent, v. Arnold SCHWARZENEGGER, as Governor, etc., et al., Defendants and Appellants.

Court of Appeal of California, Third District.

January 10, 2007.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Catherine Van Aken and Michelle Mitchell Lopez, Deputy Attorneys General, for Defendants and Appellants.

Pacific Legal Foundation, John H. Findley and Paul J. Beard II for Plaintiff and Respondent.

BUTZ, J.

With the passage of Proposition 209 in 1996, California voters added section 31 to article I of the California Constitution (hereafter article I, section 31), outlawing all state discrimination or preferences based on race, gender or national origin. In 2003, the Legislature responded by enacting Government Code section 8315,1 which attempted to graft onto article I, section 31...

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