Legal Definitions - state-compulsion test

The state-compulsion test is a legal principle used in civil rights law to determine when a government, specifically a state government, can be held responsible for discriminatory actions carried out by a private individual or organization.

Under this test, a state is deemed responsible for discrimination if a private party commits the discriminatory act because they are required to do so by a state law or regulation. In essence, if the state's legal mandate compels the private entity to discriminate, then the state itself is considered accountable for that discrimination, even though a private party performed the action.

Here are some examples illustrating the state-compulsion test:

• Private University Scholarship Policy: Imagine a state passes a law requiring all universities operating within its borders, including private institutions that receive state funding, to reserve a specific percentage of their merit-based scholarships exclusively for students who can prove their family lineage in the state extends back at least three generations. This policy, while implemented by a private university, effectively excludes many recent immigrants or first-generation college students from scholarship opportunities, potentially discriminating based on national origin or ancestry.

  How it illustrates the term: The private university is not acting on its own discriminatory preference but is compelled by state law to implement a scholarship policy that results in discrimination. Under the state-compulsion test, the state would be held responsible for this discriminatory practice because its law mandated the action.

• Private Housing Development Restrictions: Consider a state law that offers significant tax incentives to private housing developers who build affordable housing, but only if they include a restrictive covenant in their rental agreements. This covenant might prohibit residents from displaying any cultural or religious symbols outside their units. While a private developer would enforce this rule, it could disproportionately affect certain religious or ethnic groups who wish to express their identity.

  How it illustrates the term: The private developer is required by state law (as a condition for receiving valuable incentives) to impose a rule that leads to discrimination against tenants based on their religion or culture. The state's legal requirement makes it accountable for the private party's discriminatory enforcement.

• Private Healthcare Provider Service Denial: Suppose a state enacts a law mandating that all healthcare providers, including private clinics and hospitals, must refuse certain non-emergency medical procedures to individuals who are not legally married, even if the procedure is medically necessary for unmarried individuals. This could lead to discrimination against single parents, same-sex couples, or other unmarried individuals seeking specific medical care.

  How it illustrates the term: The private healthcare clinic, despite being a private entity, is compelled by state law to deny services based on marital status, which constitutes discrimination. The state's legal mandate makes it responsible for the discriminatory denial of care carried out by the private provider.