(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.
(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. (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. (b) This section shall apply only to action taken after the section's effective date. (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. The ballot measure added Section 31 to Article I of the California Constitution. Ĭonstitutional changes See also: Article I, California Constitution Actual savings to the state and local governments would depend on various factors (such as future court decisions and implementation actions by government entities).The measure could affect state and local programs that currently cost well in excess of $125 million annually.The fiscal impact statement was as follows: “
Provides for severability of provisions if invalid. Requires uniform remedies for violations.Mandates enforcement to extent permitted by federal law.Does not prohibit reasonably necessary, bona fide qualifications based on sex and actions necessary for receipt of federal funds.Prohibits the state, local governments, districts, public universities, colleges, and schools, and other government instrumentalities from discriminating against or giving preferential treatment to any individual or group in public employment, public education, or public contracting on the basis of race, sex, color, ethnicity, or national origin.Treatment by State and Other Public Entities. Prohibition Against Discrimination or Preferential. The following is the exit poll data on Proposition 209: Group The margin of error was 3 percent (but higher for some subgroups). On November 5, 1996, the Los Angeles Times conducted an exit poll of 2,473 voters who cast ballots in the general election at 40 polling places. Source Analyses Los Angeles Times exit poll If it had been approved, it would have repealed Proposition 209. over others." California Proposition 16 (2020) See also: California Proposition 16, Repeal Proposition 209 Affirmative Action Amendment (2020)Īt the election on November 3, 2020, voters decided Proposition 16. San Jose (2000), the California Supreme Court held that, within the context of Proposition 209, discrimination means "to make distinctions in treatment show partiality (in favor of) or prejudice (against)" and preferential means "a giving of priority or advantage to one person. San Jose (2000)Īftermath Hi-Voltage Wire Works v. Therefore, Proposition 209 banned the use of affirmative action involving race-based or sex-based preferences in California. Proposition 209 added Section 31 to the California Constitution's Declaration of Rights, which said that the state cannot discriminate against or grant preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting. Proposition 209 was approved.Ī "yes" vote supported adding Section 31 to the California Constitution's Declaration of Rights, which said that the state cannot discriminate against or grant preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting.Ī "no" vote opposed adding Section 31 to the California Constitution's Declaration of Rights, which said that the state cannot discriminate against or grant preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting. California Proposition 209, the Affirmative Action Initiative, was on the ballot in California as an initiated constitutional amendment on November 5, 1996.
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