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Proposition 209 was a 1996 California ballot proposition which amended the state Constitution to prohibit public institutions from discriminating on the basis of race, sex, or ethnicity. It had been supported by the California Civil Rights Initiative Campaign, led by University of California Regent Ward Connerly, and opposed by pro-affirmative action advocacy groups. Proposition 209 was voted into law on 5 November 1996, with 54 percent of the vote. In the November 2006 election in Michigan, a similar amendment was passed, entitled the Michigan Civil Rights Initiative. 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ...
A California ballot proposition is a method of amending either the California Constitution or California statutory law, under the initiative and referendum process. ...
An amendment is a change to the constitution of a nation or a state. ...
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This article concerns the term race as used in reference to human beings. ...
This article or section does not cite its references or sources. ...
An ethnic group or ethnicity is a population of human beings whose members identify with each other, usually on the basis of a presumed common genealogy or ancestry (Smith 1987). ...
Berkeley Davis Irvine Los Angeles Merced San Diego Santa Barbara Santa Cruz UC Office of the President in Oakland The University of California (UC) is a public university system in the state of California. ...
The Regents of the University of California make up the governing board of the University of California. ...
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Affirmative action refers to concrete steps that are taken both to increase the representation of underrepresented and arguably underprivileged minorities and to redress the effects of past discrimination. ...
November 5 is the 309th day of the year (310th in leap years) in the Gregorian calendar, with 56 days remaining. ...
1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ...
The Michigan Civil Rights Initiative (MCRI), or Proposal 2 (Michigan 06-2), was a ballot initiative in the U.S. state of Michigan that passed into Michigan Constitutional law by a 58% to 42% margin on November 7, 2006, according to results officially certified by the Michigan Secretary of State. ...
On 27 November 1996, U.S. District Court Judge Thelton Henderson blocked enforcement of the proposition. A three-judge panel of the 9th Circuit Court of Appeals subsequently overturned that ruling. Proposition 209 has been the subject of many lawsuits in state courts since its passage. November 27 is the 331st day (332nd in leap years) of the year in the Gregorian calendar. ...
Thelton Eugene Henderson (born 1933, Shreveport, Louisiana) is currently a federal judge in the Northern District of California. ...
The U.S. Court of Appeals for the Ninth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts: District of Alaska District of Arizona Central District of California Eastern District of California Northern District of California Southern District of California District of Hawaii...
Since the passage of Proposition 209, higher graduation rates at have been posted at University of California schools, which led opponents of affirmative action to suggest a causal link between Proposition 209 and a better-prepared student body. The African American graduation rate at the University of California, Berkeley increased by 6.5 percent, and rose even more dramatically, from 26 percent to 52 percent, at the University of California, San Diego.[1] Berkeley Davis Irvine Los Angeles Merced San Diego Santa Barbara Santa Cruz UC Office of the President in Oakland The University of California (UC) is a public university system in the state of California. ...
Affirmative action refers to concrete steps that are taken both to increase the representation of underrepresented and arguably underprivileged minorities and to redress the effects of past discrimination. ...
An African American (also Afro-American, Black American, or simply black) is a member of an ethnic group in the United States whose ancestors, usually in predominant part, were indigenous to Africa. ...
Sather tower (the Campanile) looking out over the San Francisco Bay and Mount Tamalpais. ...
The University of California, San Diego (popularly known as UCSD, or sometimes UC San Diego) is a public, coeducational research university located in La Jolla, a seaside resort community of San Diego, California. ...
While African American graduation rates at UC Berkeley increased by 6.5 percent, the enrollment rates dropped significantly. In fact, opponents of Proposition 209 claim there are greater disparities in elite education in the post-Proposition 209 era due to decreased African American and Latino enrollment. Proponents, on the other hand, note that Asian American enrollment rates dramatically increased at a majority of UC campuses. In fact, Asian Americans now constitute a majority or a plurality on the most prominent UC campuses at the undergraduate level. // The term Latino is a linguistic identity that refers to an individual that has significant ancestry from a nation-state where a Latin derived language is spoken or is the offical language of the government. ...
An Asian American is a person of Asian ancestry or origin who was born in or is an immigrant to the United States. ...
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The passage of proposition 209 amended the California Constitution to include a new section (Section 31 of Article I), which reads:
(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.
(b) This section shall apply only to action taken after the section's effective date.
(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.
(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.
(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.
(f) 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.
(g) 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.
(h) This section shall be self-executing. 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. Any provision held invalid shall be severable from the remaining portions of this section. [2]
Support Supporters of Proposition 209 contended that existing affirmative action programs led public employers and universities to reject applicants based on their race, and that Proposition 209 would "restore and recreate the historic Civil Rights Act." [3]
Organizations in support
Opposition Opponents of Proposition 209 argued that it would end affirmative action practices of tutoring, mentoring, outreach and recruitment of women and minorities in California universities and businesses. [4]
Organizations in opposition
Private sector response One response to Proposition 209 was the establishment of the IDEAL Scholars Fund to provide community and financial support for "underrepresented" students at the University of California, Berkeley. The Initiative for Diversity in Education and Leadership (IDEAL) Scholars Fund, a program of the Level Playing Field Institute, was founded in 2001 by a group of University of California, Berkeley alumni, including Freada Klein. ...
Private universities and colleges, as well as employers, have generally ignored Proposition 209 and continue to administer traditional affirmative action programs.
See also Holding The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional. ...
Holding University of Michigan Law School admissions program that gave special consideration for being a certain racial minority did not violate the Fourteenth Amendment. ...
Holding A state universitys admission policy violated the Equal Protection Clause of the Fourteenth Amendment because its ranking system gave an automatic point increase to all racial minorities rather than making individual determinations. ...
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