Commonwealth Policy Center

A California law requiring a gender-based quota for corporate boards has been overturned in court. The law intended to bring gender equality by requiring up to three female directors on boards by the end of the year. But this was gross government overreach. The court recognized that the government was overstepping its bounds and violated the state constitution’s equal protection clause. Every organization has a right to determine how it should govern itself and who comprises its boards. If there were women found to be more qualified than men, then it’s to the advantage of the organization for them to choose a woman. But ultimately, it’s a decision best left up to that organization. And board members should be elected based on their experience and qualifications, not simply their gender.