In The United States District Court for the District of Utah, Central Division, the Navajo Nation and several individual tribe members, collectively Navajo Nation, brought suit against Defendant San Juan County, claiming voting-related violations of the Equal Protection Clause of the Fourteenth Amendment, the Fifteenth Amendment, and Section 2 of the Voting Rights Act, 42 U.S.C. § 1973.
The Navajo Nation contended in its Fourth Claim for Relief that San Juan County’s School Board districts violate the one person, one vote guarantee of the Equal Protection Clause. Reynolds v. Sims, 377 U.S. 533 (1964).
The Navajo Nation and San Juan County filed cross-motions for summary judgment on the claim. Dkt. Nos. 173, 221.
The court grants Navajo Nation’s motion for summary judgment and denies San Juan County’s motion for summary judgment.
Conclusion:
Navajo Nation has established a prima facie violation of the Equal Protection Clause in the population distribution of the San Juan County School Board Election districts
, and San Juan County has not carried its burden to demonstrate that this unequal distribution serves legitimate governmental interests. The court therefore concludes
that the current San Juan County School Board Election districts violate the Equal Protection Clause. To secure the right to vote, which is “preservative of all rights,” new election districts must be established. Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886).
CLICK HERE to read the 29 page (PDF) decision.
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