CON 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. Rather, Mr. Bleemer’s findings about URM enrollment, graduation rates and earnings under Prop 209 are broadly consistent with the preponderance of peer-reviewed research studies.". Supported by League of Women Voters of California, California Federation of Teachers, Minority Business Consortium, and state higher education leaders. Voters have defeated Prop. 209 was passed by voters in 1996 and banned preferential hiring or admissions practices based … Proposition 19, billed as “The Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,” passed with 51.1% of California voter approval in November. Proposition 16 is a California ballot proposition that appeared on the November 3, 2020 general election ballot, asking California voters to amend the Constitution of California to repeal 1996's Proposition 209. For example, under federal law, universities may consider these characteristics as one of several factors when making admission decisions in an effort to make their campuses more diverse. Don't throw it away. Many in these groups believe that Prop. 209, which prohibits state institutions from considering race", "November's Prop. For example, UC Berkeley considers "contextual factors that bear directly upon the applicant’s achievement, including linguistic background, parental education level, and other indicators of support available in the home. "[15] Kennedy’s Executive Order was superseded by Executive Order 11246, which was issued by President Lyndon B. Johnson on September 24, 1965 and prohibits federal contractors and federally assisted construction contractors and subcontractors, who do business with the federal government, from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. [65][64][66], Asian Americans have mobilized on both in support of and in opposition to Proposition 16. This section shall be self-executing. PRO The new section generally banned the consideration of race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting in California with limited exceptions. The wage disparity is even worse for women of color and single moms. It's there in our Constitution for all of us. Proposition 16 would reverse a ballot measure from 1996 and restore affirmative action at public institutions in California. Visit the County Reporting Status page to determine when a … We know that small businesses are the backbone of our economy. This section shall apply only to action taken after the section's effective date. [38] In the California State Legislature, Asm. In Fisher v. University of Texas (2016) the Supreme Court held that public colleges and universities may consider race as one of many factors as part of their admissions decisions when race-neutral alternatives are insufficient to build a racially diverse student body. ", This page was last edited on 27 December 2020, at 20:29. Many university campuses also consider where students attended high school and where they live when making admissions decisions. 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. Proposition 16 would repeal the ban. The lowest qualified bidder could be rejected. Just a third of leadership and tenured faculty positions at the California Community Colleges. Equal opportunity is referenced to individual merits, it never guarantees equal results. Opponents of Proposition 16 primarily cite the divisive, discriminatory, and constitutionally questionable nature of Proposition 16, as well as the positive results Proposition 209 has yielded for underrepresented students at California's public universities since its implementation. VoteYesOnProp16.org Results were certified on 11 December 2020. [13]:26 According to California's Legislative Analyst, proposition 16 permits considering race, sex, color, ethnicity, or national origin in government decision-making policies to address diversity in the operation of public employment, education, or contracting. 16 expands equal opportunity to all Californians, increasing access to fair wages, good jobs, and quality schools for everyone. Before Proposition 209, state and local policies and programs that considered race, sex, color, ethnicity, or national origin still had to comply with federal law. ", "New Front in Fight Over Affirmative Action", "Asian American and Pacific Islander Leaders Unite In Support of Affirmative Action", "Californians for Equal Rights Coalition", "NO on Prop 16 Campaign Announces Record Small-Dollar Donors - No on Proposition 16", "Poll shows 8 California ballots might pass in general election but lots of undecideds", Regents of the University of California v. Bakke, Schuette v. Coalition to Defend Affirmative Action, Title VII of the Civil Rights Act of 1964, https://en.wikipedia.org/w/index.php?title=2020_California_Proposition_16&oldid=996638414, Amendments to the Constitution of California, History of affirmative action in the United States, Short description is different from Wikidata, Articles that may be too long from October 2020, Copied and pasted articles and sections from October 2020, All copied and pasted articles and sections, Wikipedia articles that are excessively detailed from October 2020, All articles that are excessively detailed, Wikipedia articles with style issues from October 2020, Articles with multiple maintenance issues, Articles needing examples from October 2020, Articles needing cleanup from October 2020, Articles with sections that need to be turned into prose from October 2020, Articles with specifically marked weasel-worded phrases from October 2020, Creative Commons Attribution-ShareAlike License, California state constitution, Section 31, Article 1 (. After last month’s defeat of a California ballot measure to revive affirmative action in higher education admissions and hiring, other ways to … Voters of Color Had Other Ideas", "November 2020 Official Voter Information Guide", "Affirmative Outreach and Data Collection: Limits (Real and Imagined) on Public Contracting Since Proposition 209", "Executive Order 10925—Establishing the President's Committee on Equal Employment Opportunity", "Race, gender, and affirmative action (resource page for teaching and study)", "1996 General Election Returns for Proposition 209 — CCRI", "Wilson Urges Legislature to Act on Prop. At the same time, our state also has men and women—of all races and ethnicities—who could use a little extra break. Patricia Quillen, the wife of Netflix CEO Reed Hastings, gave $1 million to the Yes campaign for Proposition 16, which would repeal California’s affirmative action … 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. ", "The ongoing pandemic, as well as recent tragedies of police violence, is forcing Californians to acknowledge the deep-seated inequality and far-reaching institutional failures that show that your race and gender still matter.”. In 1996, California voters approved Proposition 209, adding a new section to the State Constitution as Section 31 of Article I. [23]:1, Since the passage of Proposition 209, there have been several legislative attempts to repeal sections of Proposition 209. California voters rejected the ballot initiative Proposition 16, voting to maintain a ban on affirmative action in the state. Don’t divide us! 16, Californians can take action to push back against the Trump administration’s racist agenda. Proposition 209 stated that discrimination and preferential treatment were prohibited in public employment, public education, and public contracting on account of a person's or group's race, sex, color, ethnicity, or national origin. 16 would repeal Proposition 209, which California voters approved in 1996. 209", "Search Results Web results CA legislature must pass affirmative action amendment", "Opinion: ACA 5 will bring racial equity and fairness to California", "Affirmative Action Incentivizes High Schoolers to Perform Better, New Research Shows", "Lawmakers Push to Repeal California's Ban on Affirmative Action", "California Assembly advances ballot proposal to reinstate affirmative action", "Plan to restore affirmative action in California clears hurdle after emotional debate", "After COVID-19 'Break,' Law That Would Restore Affirmative Action Passes Committee", "California universities prepare for possible return of affirmative action in admissions", "Debate over California's affirmative action ban rages anew at UC as voters weigh repeal", "California Doesn't Need a New Fight Over Proposition 209", "California proposal could bring back affirmative action", "California Democrats moving to reinstate affirmative action after nearly 25 years", "Senator Chang Issues Statement on ACA 5 Vote", "Proposition 16 will bring discrimination in the name of equality", "Prop 16 will bring back racial discrimination: Bob Huff", "Prop. A NO vote on this measure means: The California Legislature wants you to strike these precious words from our state Constitution: "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. They want to play favorites. For example, the state had established programs to increase the participation of women-owned and minority-owned businesses in public contracts and set goals for the portion of state contracts that were awarded to those types of businesses. The legislatively referred state constitutional amendment was originally introduced as California Assembly Constitutional Amendment No. Many university campuses also consider where students attended high school and where they live when making admissions decisions. Politicians want to give preferential treatment to their favorites. They think they can "fix" past discrimination against racial minorities and women by discriminating against other racial minorities and men who are innocent of any wrongdoing. All of us deserve equal opportunities to thrive with fair wages, good jobs, and quality schools. The universities view these policies and programs as ways to increase diversity without violating Proposition 209. Women in California earn only 80 cents for every dollar a man earns on average, and women of color and single moms make less than 60 cents on the dollar for the same work as their white male counterparts. Proposition 16 was a constitutional amendment that would have repealed Proposition 209, passed in 1996, from the California Constitution. Government Contracting and California's Proposition 209", "Undoing Ban on Race/Sex-Based Preferences Will Harm Students | RealClearPolitics", "Commentary: A hasty hearing on a constitutional amendment that would overturn Prop. [68][69], On the other side, the opposition includes the 80-20 Educational Foundation, Asian American Coalition for Education, and the Silicon Valley Chinese Association Foundation among others. See election results, a county-by-county map and more for the California Proposition 16 - End Diversity Ban election on Nov. 3, 2020. [39] Ward Connerly, who was chairperson of the campaign behind California Proposition 209 (1996), is president of Californians for Equal Rights. Racial preference is not transformed from patently unconstitutional into a compelling state interest simply by relabeling it racial diversity. White women make 80¢ on the dollar. The debate has largely centered around affirmative action in college admissions. [28], Prior to the passage of Proposition 209, California state government and many local governments had affirmative action programs in place for minority and women business enterprises, where the state aimed to award a certain portion of state contracts to those types of businesses. [16] In 1967, President Johnson amended the order to include gender on the list of attributes. Prop. [13] Since such discrimination was already illegal based on state law, federal law, and the Equal Protection Clause of the 14th Amendment, Proposition 209 effectively banned affirmative action within these public bodies. Although women, and especially women of color, are on the front lines of the COVID-19 response, they are not rewarded for their sacrifices. Not every Latino or black is disadvantaged. By voting YES on Prop. California ballot measure to undo the state's ban on affirmative action, Related state measures regarding affirmative action. 16 opens up contracting opportunities for women and people of color. Let's not perpetuate the stereotype that minorities and women can’t make it unless they get special preferences. Legislative Constitutional Amendment. Patricia Quillen, the wife of Netflix CEO Reed Hastings, gave $1 million to the Yes campaign for Proposition 16, which would repeal California's affirmative action … To assist taxpayers, below are comparison charts of current law and the effects of Proposition 19, pending its enactment.For further information on Proposition 19, please see Letter to Assessors No. Proposition 16 would repeal the 1996 California Proposition 209 which amended the California constitution and prohibits government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. A YES vote on this measure means: State and local entities could consider race, sex, color, ethnicity, and national origin in public education, public employment, and public contracting to the extent allowed under federal and state law. Before Proposition 209, state and local entities had policies and programs—collectively called "affirmative action"—intended to increase opportunities and representation for people who faced inequalities as a result of their race, sex, color, ethnicity, or national origin. Prop. Some public universities in California created or modified policies and programs to instead consider characteristics not banned by Proposition 209, such as socioeconomic status and geography. Despite living in the most diverse state in the nation, white men are still overrepresented in positions of wealth and power in California. [13], As of 2020, the only overrepresented racial group in the University of California are Asian Americans. Public opinion of affirmative action may vary depending on question framing. This suggests that race neutrality is more popular than it was in 1996, when Proposition 209 passed by 55% to 45%. The proposition would not alter other state or federal laws guaranteeing equal protection and prohibiting unlawful discrimination. In 2011, SB 185 would have permitted affirmative action in public higher education, but was ultimately vetoed by Governor Brown citing possible conflicts with Proposition 209. A careful, peer-reviewed study by a University of California economist found that CalTrans contracts governed by Proposition 209 saved 5.6% over non-209 contracts in the two-year period after it took effect. 16 fights wage discrimination and systemic racism, opening up opportunities for women and people of color. They may not use quotas or race-based point systems for this purpose, as the Supreme Court already ruled in Regents of the Univ. 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