WHAT WILL IT DO?

Proposition 16 would remove the ban on race-based and sex-based affirmative action from the California Constitution. Schools and public agencies would be allowed to take race, gender and national origin into account when making admission, hiring or contracting decisions. California is one of 8 states that ban Affirmative Action. Other states include Washington, Michigan, Nebraska, Arizona, and Oklahoma Florida, and New Hampshire.

WHAT IS AFFIRMATIVE ACTION?

Affirmative Action in the U.S. are laws, policies, guidelines, and administrative practices “intended to end and correct the effects of a specific form of discrimination”.

The U.S. Supreme Court has held that race-based affirmative action in higher education and government contracting must serve a compelling state interest and be narrowly tailored to address that interest. Courts have ruled that strict racial quotas and racial “point systems” in higher education admissions are unconstitutional but that individualized, holistic reviews that consider race, when tailored to serve a compelling interest (such as educational diversity), are constitutional

CONTEXT:

In 1996 California voters passed Proposition 209, which amended the constitution to ban Affirmative Action at state institutions. Legislation took a race-blind approach to services and aid and the result was an immediate drop in Black and Latino enrollment at the state’s elite public universities.

Previous efforts to repeal Prop 209 have failed and were opposed by Republicans, moderate Democrats and some progressive legislators who represent districts with large Asian American voting populations. This year, as in previous years, strong opponents of this measure include Chinese-American political activists. One argument is that boosting enrollment of students from underrepresented racial groups would come at the expense of “overrepresented” Asian American students

ARGUMENTS FOR:

Prop 16 will create room for government agencies to address specific gaps in education access, resources and aide to the underserved. Today, those who do not have equal access to healthcare, education or public resources do not qualify for the same opportunities as privileged peers. Failure to be “race- conscious” has further deepened the economic, educational and health divide that unfairly impacts communities of color. This measure will allow public agencies to address disparities so that minorities are fairly represented.

ARGUMENTS AGAINST:

This proposition will enable government to show unearned favoritism or discrimination to groups. The belief that “minorities” and women cannot compete without special preferences is a myth. Protecting Prop 209 will ensure that government continues to treat everyone equally and based solely on individual achievement. Decisions made in government should be race- neutral.