Court ruling marks "huge victory" for Californian stem cell research

Californian stem cell research has won "a huge victory" according to the Alliance for Stem Cell Research following a state judge's ruling that all claims made by the People's Advocate and the National Tax Limitation Foundation (NTLF) against Proposition 71 (The California Stem Cell Research and Cures Act) and the California Institute for Regenerative Medicine (CIRM) are unfounded.

The NTLF was arguing "conflict of interest, lack of oversight and fiscal accountability" against the CIRM, but Alameda county superior court judge Bonnie Lewman Sabraw found all claims to be unproven and Proposition 71 to be constitutional in its entirety.

"The evidence at trial establishes that the application of the Act has been in compliance with its statutory framework, and that CIRM and the ICOC are operating in the same fashion as other state agencies.

"Between January 2005 and the date of the trial, the ICOC, its subcommittees, and its working groups held over 40 noticed, public meetings, in cities across the state, held pursuant to the Bagley-Keene Open Meeting Act. CIRM has responded to numerous Public Records Act requests. The selection of the site for the CIRM's facilities was run by the Department of General Services, as required of state agencies, which department also executed the lease. The required independent audit is in process and is to be reviewed by the Citizen's Financial Oversight Committee. In addition, testimony was presented that CIRM is subject to audit by the Controller and the Department of Finance, and that the Controller has met with the ICOC to discuss the type of practices he expected the ICOC to follow."

Susan DeLaurentis, president and ceo of the Alliance for Stem Cell Research, said of the ruling: "Patients and families who saw the passing of Proposition 71 as a cause for celebration have been frustrated that research supported by the majority of California voters has been stalled because of the unsubstantiated objections of a vocal minority.

"Today's decision brings us one step closer to realising the promise of stem cell research to provide better treatments and cures for a wide variety of chronic diseases and injuries. We ask that the plaintiffs respect the decision by dropping any intent to appeal. To further delay this research and extend the pain and suffering of millions who could benefit would be unconscionable, especially when it has been proven that their claims are without merit."

Proposition 71, which was approved by 59.1% of voters in California on 2 November 2004, created the CIRM to manage and fund stem cell research in California, formed the ICOC to oversee the CIRM, and will provide $3bn for stem cell research funding in California over the next 10 years by selling state bonds. The CIRM issued its first grants, worth US$12.1m, on 10 April to 16 Californian non-profit institutions for the training of the next generation of stem cell researchers.

It is supported by the Juvenile Diabetes Research Foundation, the Christopher Reeve Paralysis Foundation, Childrens Hospital Los Angeles, the California Medical Association, numerous Nobel Prize winners and Governor Arnold Schwarzenegger.

It also established a peer review process to ensure that research funds are given in a "fair and effective" manner; requires research that it funds to be conducted "safely and ethically, and within strict rules that protect patient safety, rights and privacy", and forbids funding for human reproductive cloning, having added a ban on human reproductive cloning to the California constitution.