Miller v. California Commission on Status of Women

Plaintiffs are disgruntled with the views and activities of the California Commission on the Status of Women (Gov. Code, § 8240), 1 chiefly its support of a proposed Equal Rights Amendment (ERA) to the federal Constitution. They filed this taxpayers’ action for declaratory and *696 injunctive relief seeking to abolish the commission or, failing that, to prohibit it from lobbying or promoting its views concerning actions the commission deems appropriate to improve the status of women. The trial court denied relief aimed at abolition of the commission but granted judgment for plaintiffs encompassing the alternate relief they sought. The commission appeals from the judgment. Plaintiffs cross-appeal from the denial of their paramount request.

I

In 1965 the California Legislature adopted an act creating the Advisory Commission on the Status of Women to study various subjects, including employment conditions, relating to the equality of treatment of women and to report its recommendations to the Legislature. (Stats. 1965, ch. 1378, pp. 3283-3285.) In 1969 the Legislature amended the act to specify additional functions of the commission. (Stats. 1969, ch. 721, § 6, p. 1415.)…

I concur in the judgment.

The recent enactment of Government Code section 8246 (Stats. 1982, ch. 1118, § 1) is clearly a legislative response to the trial court’s judgment and was plainly intended to supersede the trial court’s more narrow interpretation of the commission’s authority. The judgment below prohibits the commission “from expressing to the Legislature or the public any opinion of its own on any issues of ‘[w]omen’s educational and employment problems, needs, and opportunities.’” (Maj. opn., ante, p. 697.) Giving effect to newly added Government Code section 8246,1 agree the judgment cannot stand.

In Miller v. Miller (1978) 87 Cal.App.3d 762 [ 151 Cal.Rptr. 197 ] (Miller I), we held that plaintiff’s showing that the commission had spent public funds to promote the Equal Rights Amendment was adequate to defeat the commission’s motion for summary judgment, because such conduct would constitute unlawful election campaigning in the absence of “clear and explicit” legislative authorization for such activity. (Id., pp. 771-772.) Summary judgment was therefore reversed. After plenary trial the court made findings and rendered the judgment from which this appeal is taken. In…

Plaintiffs are disgruntled with the views and activities of the California Commission on the Status of Women (Gov. Code, § 8240), [1] chiefly its support of a proposed Equal Rights Amendment (ERA) to the federal Constitution. They filed this taxpayers' action for declaratory and injunctive relief seeking to abolish the commission or, failing that, to prohibit it from lobbying or promoting its views concerning actions the commission deems appropriate to improve the status of women. The trial court denied relief aimed at abolition of the commission but granted judgment for plaintiffs encompassing the alternate relief they sought. The commission appeals from the judgment. Plaintiffs cross-appeal from the denial of their paramount request.

In 1965 the California Legislature adopted an act creating the Advisory Commission on the Status of Women to study various subjects, including employment conditions, relating to the equality of treatment of women and to report its recommendations to the Legislature. (Stats. 1965, ch. 1378, pp. 3283-3285.) In 1969 the Legislature amended the act to specify additional functions of the commission. (Stats. 1969, ch. 721, § 6, p.…