San Francisco’s reparations fund has a serious constitutional problem
By Andrew Quinio
Published on March 23, 2026.
San Francisco's "Reparations Plan" was signed into law last year, intended to address historic discrimination but does not permit the government to address past discrimination with more discrimination. The plan, which includes a $5 million lump-sum payment, annual income supplements for 250 years, forgiveness of all personal and educational debt, guaranteed city-backed insurance, property tax exemptions, and preferential treatment in city contracts and employment. However, all benefits are conditioned on race and ancestry. A lawsuit by the Californians for Equal Rights Foundation and the Pacific Legal Foundation argues that the Reparations Plan violates the Equal Protection Clause of the Fourteenth Amendment. The eligibility criteria for applicants include African American descendants of enslaved people or to have identified as black on public documents for at least 10 years. The lawsuit argues that San Francisco's plan fails under strict scrutiny of laws based on ancestry and narrowly tailored to achieve a compelling government interest. Taxpayers have standing to challenge this unlawful government spending under California law.
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