Proposition 209 is a constitutional amendment to eliminate affirmative action programs. Clause "A" of Prop 209 says, "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."
"Preferential treatment" means any program which is directed at a specific group, based on gender or ethnicity. Therefore, any public programs which are directly aimed at American Indians could potentially be eliminated. This could mean:
Elimination of State and County Advisory/Policy Councils, Commissions, and Committees, such as local Indian Commissions, which are ethnic or gender specific.
Elimination of State and County funding targeting "special populations," such as Indian people.
This includes Indian Education programs, Substance Abuse Programs, Children Services Programs, etc.
Elimination of targeted programs to create equal Education opportunities for Indian people.
Elimination of targeted programs designed to promote equal Employment and Business Ownership opportunities for Indian people.
Elimination of targeted Social Service programs designed to address the needs of Indian people.
Elimination of Indian specific scholarships from State colleges and universities.
Elimination of Indian recruitment programs at State colleges and universities.
Basically, any State program that helps Indian people specifically will be in danger if Prop 209 passes. Many of these programs form the infrastructure of Native communities. Elimination of these programs would mean a violation of the trust relationship that the state of California has with Indian people.
Prop 209 also makes it easier for employers to discriminate against ALL women. Clause "C" says, "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." This means that an employer can discriminate against women whenever it is "reasonably necessary." Women also may lose programs such as rape crisis centers and women's resource centers which receive state funding because of the "preferential treatment" clause.
Don't be fooled. The description of Prop 209 in the voting pamphlet is deceiving. Governor Pete Wilson supports Prop 209, and just about every civil rights organization in the state opposes it. Advocates for American Indian Children and Californians for Justice are opposed to Prop 209.
Sources: South Los Angeles Affirmative Action Project, STOP Prop 209, Text of Proposition 209, Californians for Justice
For more information about affirmative action or Prop 209, call Californians for Justiceat (213) 747-4495 or (510) 452-2728, S.L.A.A.A.P. at (213) 730-4953, or Advocates for American Indian Children at (213) 728-8844.
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Last updated on May 16, 2001