[33] This amounts to a loss of $1 billion to $1.1 billion annually for minority- and women-owned businesses. At the same time, our state also has men and women—of all races and ethnicities—who could use a little extra break. [25] As Proposition 209 barred state and local agencies from considering race and gender in public contracting decisions, these programs and businesses were negatively impacted. 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. Supported by League of Women Voters of California, California Federation of Teachers, Minority Business Consortium, and state higher education leaders. 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. At the same time, our shared values are under attack by the Trump administration's policies. A NO vote on this measure means: By voting YES on Prop. 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. Prior to the passage of Proposition 209, California and many local governments maintained costly bureaucracies that required preferential treatment in public contracting based on a business owner’s race, sex or ethnicity. We need to support those small businesses, especially as we rebuild from COVID-19. 16 threatens California's commitment to equality: Ward Connerly", "Haibo Huang: Why California should keep Prop. That measure prohibited considerations of race, ethnicity and gender in those public fields. Legislative Constitutional Amendment. The effects of the measure depend on the future choices of state and local government entities and are highly uncertain. 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. 209 advances", "Assembly Constitutional Amendment No. 5 would have done the similar if passed by voters, but was shelved due to strong opposition. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to The universities view these policies and programs as ways to increase diversity without violating Proposition 209. Voters have defeated Prop. [4] Chairpersons of Yes on 16 include Eva Paterson, president of the Equal Justice Society; Vincent Pan, co-executive director of Chinese for Affirmative Action; and Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund.[38]. 5", "Perspective - Divided Californians will vote again on affirmative action", "Regents of Univ. Proponents of Proposition 16 assert that it will allow California’s policymakers to enact laws, programs, and guidelines “to end and correct the effects of a specific form of discrimination" through "good-faith efforts ... to identify, select, and train potentially qualified minorities and women". ", "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 (. 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. [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. Although women, and especially women of color, are on the front lines of the COVID-19 response, they are not rewarded for their sacrifices. After 25 years of quantitative and qualitative data, we see that race-neutral solutions cannot fix problems steeped in race. [13], The California and federal constitutions provide all people equal protection, which generally means that people in similar situations are treated similarly under the law. [23]:1, Since the passage of Proposition 209, there have been several legislative attempts to repeal sections of Proposition 209. See election results, a county-by-county map and more for the California Proposition 16 - End Diversity Ban election on Nov. 3, 2020. 16 and affirmative action policies in general discriminate against Asian Americans. Many in these groups believe that Prop. White women make 80¢ on the dollar. The California State Assembly passed Assembly Constitutional Amendment 5 (ACA-5) which—after passing the State Senate—was placed on the 2020 ballot as proposition 16. PRO 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 … Shirley Weber (D-79) was the lead sponsor of the constitutional amendment. 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. [27] According to the California legislative analyst, many of the state’s universities provide outreach and support programs for students who are first in their family to attend college. “The failure of Proposition 16 means barriers will remain in place to the detriment of many students, families and California at large,” said John Pérez, chair of the Board of Regents. We know that small businesses are the backbone of our economy. A 2015 study showed that businesses owned by women and people of color lose $1.1 billion annually in government contracts. [67] Many in these groups believe that affirmative action "lifts everyone up together and gives all people of color better access to education and opportunities," that affirmative action benefits Asian Americans, and that affirmative action remains necessary to address systemic racism. VoteYesOnProp16.org of California v. Bakke, 438 U.S. 265 (1978)", https://www.sfchronicle.com/opinion/openforum/article/Racial-preferences-are-wrong-Vote-no-on-15558704.php, "Why California Rejected Racial Preferences, Again", https://www.youtube.com/watch?v=MvhaKsbFfV4, "Opinion | California may have foreshadowed the end of affirmative action", "Liberals Envisioned a Multiracial Coalition. We are seeing the rise of overt racism: white supremacists on the march, the daily demonization of Latino immigrants, Black people gunned-down in our streets, anti-Asian hate crimes on the rise, women’s rights under attack, and COVID-19 ravaging Native communities. 16 helps rebuild California stronger with fair opportunities for all. 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. Let's not perpetuate the stereotype that minorities and women can’t make it unless they get special preferences. [70] Nearly 5,700 Asian American individuals have donated to the "No On Prop 16" campaign, representing 95% of donors to the campaign.[71]. California Proposition 16 Election Results: Repeal Ban on Affirmative Action Calif. Statewide Results A 1996 measure that banned the use of … The proposition would not alter other state or federal laws guaranteeing equal protection and prohibiting unlawful discrimination. 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. Only by treating everyone equally can a state as brilliantly diverse as California be fair to everyone. The legislatively referred state constitutional amendment was originally introduced as California Assembly Constitutional Amendment No. [4] In June 2020, the California State Legislature passed ACA 5 on a mostly party-line vote, voting 60-14 on June 10 in the Assembly and 30-10 on June 24 in the Senate. "[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. Mexican American Legal Defense and Educational Fund. Prop. If the savings for other government contracts are anywhere near that, repealing this constitutional provision could cost taxpayers many BILLIONS of dollars. SurveyUSA survey presented only the measure's title, rather than a summary. The measure would repeal Section 31 of Article I of the California Constitution. BETTY TOM CHU, Former California Constitution Revision Commissioner, The Opportunity for All Coalition, also known as Yes on Prop 16, is leading the campaign in support of Proposition 16. For example, many California public universities universities provide outreach and support programs for students who are first in their family to attend college. In 1996, California voters approved Proposition 209, adding a new section to the State Constitution—Section 31 of Article 1. 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 … Public opinion of affirmative action may vary depending on question framing. Current law allows for "affirmative action" of this kind so long as it doesn't discriminate or give preferential treatment based on race, sex, color, ethnicity or national origin. Equal opportunity is referenced to individual merits, it never guarantees equal results. Prior to Proposition 209, some of California's public universities considered race and ethnicity as factors when making admissions decisions and offered programs to support the academic achievement of those students. Racial preference is not transformed from patently unconstitutional into a compelling state interest simply by relabeling it racial diversity. This difference in methods may lead to different results when compared to other polls. Proposition 16 would repeal the ban. YES on Prop. That measure prohibited considerations of race, ethnicity and gender in those public fields. Visit the County Reporting Status page to determine when a … 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. These conditions are intended to prevent discrimination that violates equal protection. 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. Any provision held invalid shall be severable from the remaining portions of this section. CON If there’s anything that should be fundamental in our society it’s that the state should treat all Californians equally. [13], As of 2020, the only overrepresented racial group in the University of California are Asian Americans. 16 means EQUAL OPPORTUNITY FOR ALL CALIFORNIANS. In 2020, we have seen an unprecedented number of Californians take action against systemic racism and voice their support for real change. YES on Prop. Yes on Prop. 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. 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. California Proposition 15: The ballot initiative would have amended Proposition 13 (1978), which required that residential, commercial, and industrial properties are taxed based on their purchase price, with an annual adjustment based on inflation or 2%, whichever was lower. By voting YES on Prop. [6] In the context of higher education admissions, these efforts may not include overt quotas as the Supreme Court has ruled them unconstitutional in Regents of the Univ. 209", "Op-Ed: Attempt to overthrow Proposition 209 ignores K-12's responsibility", "Proposition 209 and Affirmative Action – Californians for Equal Rights", "UC Board of Regents unanimously endorses ACA 5, repeal of Prop. NO The current ban on the consideration of race, sex, color, ethnicity, and national origin in public education, public employment, and public contracting would remain in effect. 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. Prop 16: California Measure's Pros And Cons - Across California, CA - California banned affirmative action in the 1990s. Supported by League of Women Voters of California, California Federation of Teachers, Minority Business Consortium, and state higher education leaders. of Cal. [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. Discrimination of this kind is poisonous. That’s unjust. Despite living in the most diverse state in the nation, white men are still overrepresented in positions of wealth and power in California. But if these words are stricken from our state Constitution, the University of California will again be free to give a wealthy lawyer's son a preference for admission over a farmworker’s daughter simply because he’s from an “under-represented” group. Ward Connerly, President 5 (ACA 5) by Democratic Assembly Members Weber, Gipson, and Santiago on January 18, 2019. 16 affirmative-action initiative sets off lively debate among Asian Americans", "How Racially Representative Is Your College? After voters approved Proposition 209, some public entities in California created or modified policies and programs to instead consider characteristics not banned by Proposition 209. 16, Californians can take action to push back against the Trump administration’s racist agenda. 209 was passed by voters in 1996 and banned preferential hiring or admissions practices based … ... Judging people by their skin color is morally repugnant. LOS ANGELES, CA — Nearly a quarter of a century after California voters enshrined a ban on affirmative action in the state Constitution, Proposition 16 seeks to repeal it. [8], 57% of California voters rejected this measure. Equal opportunity matters. Prop. Federal law establishes a right to equal protection and as a result limits how "protected classes" such as race and gender may be used in decision-making. YES We live in the middle of an incredible historic moment. After the passage of Proposition 209, the prices on state funded contracts fell by 5.6 percent relative to federally funded projects, for which race or gender preferences are still applied. [4] Therefore, Proposition 209 banned the use of affirmative action in California's public sector, while still permitting socioeconomic considerations.[2][5]. [44], Similar arguments for support were summarized as follows in ACA 5's bill analysis:[by whom?]. Despite this, women and people of color are not getting their fair share of opportunities to get ahead: The debate about affirmative action has drawn strong opinions from both supporters and opponents within the Asian American community. Still, Proposition 16’s supporters say its opponents are a relic of another era in California politics — the controversial ballot measures of Wilson’s tenure. 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. The proposition does not change any fiscal policies, though there are uncertain effects depending on subsequent changes in hiring processes. [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. Proposition 16 lost. Haibo Huang, co-founder of San Diego Asian Americans for Equality: "Race is a forbidden classification for good reason, because it demeans the dignity and worth of a person to be judged by ancestry instead of his or her own merit and essential qualities. By passing Proposition 16, Californians can: • Tackle all forms of discrimination, removing barriers to equal opportunity • Fight gender wage discrimination [18][19], Led by University of California Regent Ward Connerly[20] and endorsed by Governor Pete Wilson,[21] Proposition 209 appeared on the ballot in California as a constitutional amendment on November 5, 1996 and was approved by voters. California General Election Results, November 3, 2020. Prop. 16 expands equal opportunity to all Californians, increasing access to fair wages, good jobs, and quality schools for everyone. 16 was designed to repeal Proposition 209, which California voters approved in 1996. 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. Don't throw it away. [34] The end of affirmative action programs in contracting led to reduced awards to contracted organizations. The only way to stop discrimination is to stop discriminating. Not every Asian American or white is advantaged. Don’t divide us! Executive Order 11246 also requires federal contractors to take affirmative action to promote the full realization of equal opportunity for women and minorities. 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. 2020/061.. 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. After the state ended its affirmative action in public contracting, few minority- or women-owned businesses were able to regain contracts according to the Equal Justice Society. of Cal. Proposition 16 November 3, 2020 . They may not use quotas or race-based point systems for this purpose, as the Supreme Court already ruled in Regents of the Univ. ", A non-peer reviewed, longitudinal study by UC Berkeley educational researcher and economics PhD student Zachary Bleemer on the impact of Proposition 209 on student outcomes using a difference-in-difference research design and a newly-constructed database linking all 1994-2002 University of California applicants to their college enrollment, course performance, major choice, degree attainment, and wages into their mid-30s found “the first causal evidence that banning affirmative action exacerbates socioeconomic inequities.”, A rebuttal to Bleemer's study by UCLA Professor of Law, William Kidder, a research associate at the UCLA Civil Rights Project rebuts Sander's rebuttal stating "Professor Sander’s claims about Prop 209 in his rebuttal to the Bleemer paper are not consistent with the overall body of relevant peer-reviewed scholarship. 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. ", This page was last edited on 27 December 2020, at 20:29. California's Proposition 16, which would legalize affirmative action in the state, has failed, the Associated Press reported Wednesday morning. Women should have the same chance of success as men. As a result, an elite few are able to hoard wealth instead of investing it back into communities. [25] After Proposition 209, these considerations were banned. The state can help small businesses started by low-income individuals or favor low-income individuals for job opportunities. 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. 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