California Real Estate Practice Exam

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If a local city passes a law prohibiting discrimination on the basis of sexual orientation, it is?

  1. Invalid

  2. Valid because it is stricter than the federal law

  3. Only applicable to federal employees

  4. Considered advisory

The correct answer is: Valid because it is stricter than the federal law

In this case, the correct answer is B because local laws that are stricter than federal laws are generally considered valid. When a local city passes a law prohibiting discrimination on the basis of sexual orientation, and it is more stringent than current federal laws, it falls under the concept of legal principle known as the principle of preemption. This principle states that a local law can be enforced if it is more strict or offers more protection than the existing federal law. Therefore, the local law prohibiting discrimination on the basis of sexual orientation in this scenario is considered valid.

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