California’s Anti-Affirmative Action Proposition 209 Under Attack in 2009

Well, it’s been about a decade since Proposition 209 (1996) kicked in. But comes now Assemblymember Ed Hernandez, O.D., straight out of West Covina, to author Assembly Constitutional Amendment 7, which could bring affirmative action back to higher education. 

Of course there’s been changing demographics at the University of California lately as this lengthy article from a few year’s back ably explains. And Mr. Hernandez understands that changing things won’t be a cakewalk.  

But changes could be a coming soon.  

Read the law and the proposed changes, after the jump.

Proposition 209 Text

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.
This initiative measure expressly amends the Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

AMENDMENT TO ARTICLE I

Section 31 is added to Article I of the California Constitution as follows:

SEC. 31. (a) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
   (b) This section shall apply only to action taken after the section’s effective date.
   (c) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.
   (d) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section.
   (e) Nothing in this section shall be interpreted as prohibiting action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state.
   (f) For the purposes of this section, ”state” shall include, but not necessarily be limited to, the state itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.
   (g) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.
   (h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.

 

BILL NUMBER: ACA 7

INTRODUCED
BILL TEXT
INTRODUCED BY   Assembly Member Hernandez
                        DECEMBER 22, 2008

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 31
of Article I thereof, relating to public education.

LEGISLATIVE COUNSEL’S DIGEST

   ACA 7, as introduced, Hernandez. Public education.
   The California Constitution prohibits the state from
discriminating against, or granting preferential treatment to, any
individual or group on the basis of race, sex, color, ethnicity, or
national origin in the operation of public employment, public
education, or public contracting.
   This measure would delete the Public School System, as defined,
and the University of California, from the scope of this
constitutional prohibition.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
    That Section 31 of Article I thereof is amended to read:
      SEC. 31.  (a) The State shall not discriminate against, or
grant preferential treatment to, any individual or group on the basis
of race, sex, color, ethnicity, or national origin in the operation
of public employment , public education, or public
contracting.
   (b) This section shall apply only to action taken after the
section’s effective date.
   (c) Nothing in this section shall be interpreted as prohibiting
bona fide qualifications based on sex which are reasonably necessary
to the normal operation of public employment
, public
education,
or public contracting.
   (d) Nothing in this section shall be interpreted as invalidating
any court order or consent decree which is in force as of the
effective date of this section.
   (e) Nothing in this section shall be interpreted as prohibiting
action which must be taken to establish or maintain eligibility for
any federal program, where ineligibility would result in a loss of
federal funds to the State.
   (f) For the purposes of this section, “State” shall include, but
not necessarily be limited to, the State itself, any city, county,
city and county,
public university system, including the
University of California, community college district, school
district,
special district, or any other political
subdivision or governmental instrumentality of or within the State.
For purposes of this section, “State” does not include the
Public School System, as defined in Section 6 of Article IX, or the
University of California.

   (g) The remedies available for violations of this section shall be
the same, regardless of the injured party’s race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of then-existing California antidiscrimination law.
   (h) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law or the
United States Constitution, the section shall be implemented to the
maximum extent that federal law and the United States Constitution
permit. Any provision held invalid shall be severable from the
remaining portions of this section.

 

 

 

 

 

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