Proposition 209

Proposition 209 was a ballot initiative approved by California voters in 1996, amending the California Constitution. The measure prohibits state government institutions from considering race, sex, or ethnicity in the areas of public employment, public contracting, and public education. It effectively ended affirmative action programs by state and local entities, establishing that the state shall not grant preferential treatment based on those characteristics.

Background and history

The movement for this constitutional change was spearheaded by academics Glynn Custred and Thomas Wood, who authored the initial measure. Their effort gained significant political traction with the support of prominent figures like University of California Regent Ward Connerly and then-Governor of California Pete Wilson. The campaign framed the initiative as the California Civil Rights Initiative, arguing it would ensure equal protection under the law. Opposition was led by a coalition including the American Civil Liberties Union, the NAACP, and many within the University of California system. The debate occurred amid national discussions following the Civil Rights Act of 1964 and the ''Bakke'' decision, and it was placed on the 1996 general election ballot.

Provisions and legal text

The measure added Section 31 to Article I of the California Constitution. Its key clause states that 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." This language was modeled on the Civil Rights Act of 1964 but omitted the act's provisions permitting remedial action. The text explicitly exempts actions necessary to maintain eligibility for federal funding, provided such ineligibility would result from non-discrimination. It also does not invalidate existing court orders or consent decrees.

Effects and impact

The immediate effect was the cessation of race and gender-based affirmative action programs across state of California entities. At the University of California, the end of affirmative action led to a notable drop in admissions of Black and Latino students at flagship campuses like UC Berkeley and UCLA, while increasing admissions of Asian American students. Studies from the UC Office of the President documented these trends. In public contracting, a report by the California Department of Transportation showed a decline in contracts awarded to minority-owned businesses. The measure also influenced hiring practices within the California State Civil Service.

Legal challenges and court rulings

Opponents immediately filed suit in federal court. In *Coalition for Economic Equity v. Wilson*, the United States Court of Appeals for the Ninth Circuit upheld the constitutionality of the measure, finding it did not violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The Supreme Court of the United States denied certiorari. Subsequent lawsuits tested its application, including challenges to outreach programs at the UC San Diego medical school. In 2020, the constitutionality of the measure was reaffirmed by the Ninth Circuit in *Coalition to Defend Affirmative Action v. Brown*. Legal arguments often centered on its interaction with Title VI of the Civil Rights Act and the Equal Protection Clause.

Related measures and subsequent developments

Following the passage in California, Ward Connerly's American Civil Rights Institute promoted similar initiatives in other states. Voters in Washington passed Initiative 200 in 1998, and Michigan approved Proposal 2 in 2006, which was upheld by the Supreme Court in *Schuette v. Coalition to Defend Affirmative Action*. In 2020, California voters rejected Proposition 16, which sought to repeal this measure. The ongoing national debate is reflected in the Supreme Court's 2023 decision in *Students for Fair Admissions v. Harvard*, which cited the principles underlying this state law.

Category:California law Category:1996 in California Category:Affirmative action in the United States