About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2025 Op. Kan. Att'y Gen. 1 (2025)

handle is hein.sag/sagks0097 and id is 1 raw text is: 



                                          0F


                                   STATE  OF KANSAS
                         OFFICE  OF  THE ATTORNEY GENERAL
KRIs W.  KOBACH                                                           MEMORIAL HALL
    ATTORNEY GENERAL                                                  120 SW 10TH AVE., 2ND FLOOR
                                                                       ToPEKA KS 66612-1597
                                                                    (785) 296-2215 * FAX (785) 296-6296
                                                                          WWW,AG.KS.GOV


                                    January  13, 2025


      ATTORNEY GENERAL OPINION NO. 2025-1

      The Honorable Renee Erickson
      State Senator, 30th District
      State Capitol, Room 445-S
      300 SW  10th St.
      Topeka, Kansas 66612


      Re:         State Boards, Commissions and Authorities-State Board of
                  Cosmetology-Kansas  State Board of Cosmetology; Appointment;
                  Qualifications

      Synopsis:   As a race-based classification, the requirement that the State Board of
                  Cosmetology have at least one African-American member is
                  constitutional only if it is narrowly tailored to achieve a compelling
                  government interest. Cited herein: K.S.A. 74-2701.



      Dear Senator Erickson:

      As State Senator for the 30th District, you ask whether K.S.A. 74-2701(a)'s
      requirement that one member of the State Board of Cosmetology be an African-
      American is legal. Because this is a race-based classification, the requirement is
      constitutional only if it is narrowly tailored to further a compelling government
      interest. While we can hypothesize a few interests to support the requirement, it is
      unclear whether a court would find those interests compelling and the statute
      narrowly tailored to those interests.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most