Proposition 16 (2020)
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| Proposition 16 (2020) | |
|---|---|
| Name | Proposition 16 (2020) |
| Title | Repeal of Proposition 209 (affirmative action) |
| Year | 2020 |
| Jurisdiction | California |
| Result | Failed |
| Vote | No: 57.2% Yes: 42.8% |
Proposition 16 (2020) was a California ballot measure in the November 3, 2020, general election that proposed to repeal the ban on affirmative action in public employment, public education, and public contracting established by Proposition 209 in 1996. The measure drew participation from diverse civic coalitions, partisan organizations, labor unions, civil rights groups, business associations, and academic institutions during a campaign season that overlapped with the 2020 United States presidential election, the 2020 California elections, and nationwide debates following the George Floyd protests. The proposition was defeated at the ballot box, becoming a focal point in discussions involving civil rights law, state constitutions, and public policy in California.
Background
Proposition 16 emerged from a historical lineage beginning with the passage of Proposition 209 in 1996, a ballot initiative championed by activists linked to organizations such as the California Civil Rights Initiative and opposed by figures associated with the California Democratic Party, the California Teachers Association, and the Mexican American Legal Defense and Educational Fund. Legal contests over affirmative action trace to decisions by the United States Supreme Court including Regents of the University of California v. Bakke, Grutter v. Bollinger, and Fisher v. University of Texas, which shaped constitutional doctrine that advocates and opponents cited during debates over state-level measures. Contemporary context included national movements represented by groups like Black Lives Matter, policy debates involving the Equal Protection Clause jurisprudence, and scholarly work from institutions such as Harvard University, Stanford University, and the University of California system.
Provisions
The measure proposed to amend the California Constitution to allow public institutions to consider race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting, effectively overriding the language adopted by Proposition 209 (1996). It specified that newly permitted considerations must comply with federal constitutional requirements as interpreted by the Supreme Court of the United States and left implementation details to agencies such as the California State Legislature, the California Legislature, the California Supreme Court, and administrative bodies including the California Department of Fair Employment and Housing. The text addressed contractual procurement practices involving entities from locales such as Los Angeles County, San Francisco, and Alameda County, and implicated programs at University of California, Berkeley, California State University, Long Beach, and Stanford University accessory institutions.
Campaign and endorsements
Supporters included coalitions of civil rights organizations such as the NAACP, the ACLU, Mexican American Legal Defense and Educational Fund, labor unions including the Service Employees International Union and the California Teachers Association, and corporate and academic supporters like leaders from Apple Inc., Facebook, Google, and the University of California Board of Regents. High-profile elected officials who endorsed the measure included then-California Governor Gavin Newsom, former Governor Jerry Brown, U.S. Senator Dianne Feinstein, and U.S. Representative Alex Padilla. Opponents encompassed groups such as the Howard Jarvis Taxpayers Association, California Republican Party, and community organizations linked with figures like Ward Connerly, the architect of the 1996 initiative, along with endorsements from personalities including Arnold Schwarzenegger and commentators associated with The Wall Street Journal editorial boards.
Funding and advertising
Funding for the campaign featured major contributions from labor coalitions and tech-sector donors; prominent financial supporters for the "Yes" campaign included unions connected to AFL–CIO affiliates and executives associated with Salesforce and Intel Corporation. The "No" campaign received backing from business groups, taxpayer associations, and private donors sympathetic to Ward Connerly's earlier efforts, with advertising buys placed on television markets in Los Angeles, San Diego, Sacramento, and San Francisco. Advertising themes referenced public policy case studies from municipalities like Berkeley, California, educational programs at UCLA, UC Berkeley, and procurement controversies involving agencies in Alameda County and Los Angeles County, while digital outreach utilized platforms run by Facebook and Google to target voters statewide.
Arguments for and against
Supporters argued that allowing consideration of race, sex, color, ethnicity, or national origin would enable public agencies, institutions such as University of California campuses, and contractors to pursue diversity goals similar to precedents cited in Grutter v. Bollinger, citing research from centers at Harvard Kennedy School and reports by groups like the Pew Research Center. Opponents contended that reinstating affirmative-action allowances could undermine merit-based selection and recreate divisive classifications, invoking historical debates involving civil rights leaders such as Martin Luther King Jr. and legal scholarship referencing Brown v. Board of Education. Commentary from editorial pages, think tanks including the Hoover Institution and Brookings Institution, and advocacy organizations such as the Center for Equal Opportunity featured prominently in public discourse.
Election results
On November 3, 2020, voters in California rejected the measure, with statewide returns showing approximately 57.2% voting "No" and 42.8% voting "Yes". County-level results varied, with urban counties such as Los Angeles County and San Francisco County generally showing stronger "Yes" support, while suburban and some inland counties including Orange County and San Diego County trended "No". The outcome intersected with ballot dynamics involving the 2020 United States presidential election and down-ballot contests for offices like Attorney General of California and legislative races for the California State Assembly.
Aftermath and legal challenges
Following defeat at the ballot, legal and policy advocates continued debates in courtrooms and statehouses, referencing jurisprudence from the Supreme Court of the United States and lower federal courts. Organizations such as the ACLU and the NAACP Legal Defense and Educational Fund maintained litigation strategies and policy proposals to address racial equity through legislative action and administrative rulemaking in venues including the California Legislature and county boards of supervisors in Los Angeles County and San Francisco Board of Supervisors. The campaign’s legacy influenced subsequent proposals, academic studies at institutions like UCLA School of Law and Stanford Law School, and discussions in forums such as the American Bar Association and civic fora convened by the California Constitution Revision Commission.