Under Texas law, the Board of Directors of the State Bar must include “four minority member directors appointed by the President of the State Bar.” §81.020(b). The law states that only “female, African-American, Hispanic-American, Native American, or Asian-Americans” will be considered for these four positions. The complaint notes that this law violates the Equal Protection Clause of the Fourteenth Amendment because there is no justification for imposing a racial, ethnic, or gender quota for board appointment to the Texas State Bar.
The plaintiff is Mr. Greg Gegenheimer, a well-known and highly respected family law attorney who practices in the Austin, Texas area. Since Mr. Gegenheimer is a white male, he is disqualified from being considered for these board positions.
Please read the press release here.
Please read the complaint here.