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Committee advances bill prioritizing descendants of slaves for professional licenses, drawing constitutional challenge from opposition
Summary
AB 742 would require licensing boards to prioritize applicants who are descendants of American slavery; proponents framed the bill as economic redress, while opponents argued it constituted an unconstitutional racial classification.
Assemblymember El Hawari presented AB 742, which would require licensing boards to prioritize applicants who are descendants of American chattel slavery when reviewing applications for professional licenses.
"Descendants of slaves have been pushed out of these opportunities not because of lack of talent or drive, but because of systemic policies designed to keep them out," Assemblymember El Hawari said, framing the measure as a remedy for historical and ongoing barriers to economic opportunity.
Monet Jennings of the Greater Sacramento Urban League testified in support, saying the bill would expand career opportunities. Opposing the bill, Laura D'Agostino of the Pacific Legal Foundation said AB 742 "is unconstitutional" because it imposes a racial classification and would be subject to strict scrutiny; she said the measure would require showing discrimination by each of the many boards covered.
Assemblymember Dr. Jackson and members of the Legislative Black Caucus strongly supported the bill on grounds of redress and economic opportunity. Jackson argued that the legislature created many of the barriers and that remedies are appropriate to repair that harm.
Committee members accepted the author's remarks and advanced the bill to the Judiciary Committee for further consideration.
