Coral Construction, Inc., Plaintiff and Respondent v. City and County of San Francisco, Defendants And…

Summary

The court held that California Constitution article I, section 31 does not violate the federal political structure doctrine because it broadly prohibits race- and gender-based preferences rather than burdening access to equal-treatment legislation. It also held that San Francisco's 2003 contracting ordinance was not exempt under section 31's federal-funding exception because the applicable federal regulations permitted, but did not require, race-based preferences. The court affirmed the Court of Appeal's remand for proceedings on whether federal equal protection compelled the ordinance, a fact-dependent issue requiring proof of intentional discrimination, remedial purpose, narrow tailoring, and necessity. Justice Corrigan, concurring, offered additional reasons why the political structure doctrine does not apply; Justice Moreno's separate dissent, which is only partially shown in the supplied text, would invalidate section 31 under that doctrine.