Prop 209 passes Prop 209 passes
Prop 209 passed with a vote of 45.7% to 54.3% at the polls November 5th. The debate over affirmative action and gender discrimination continues as lawsuits are filed in San Francisco to block the implementation of Prop 209. In the meantime, Governor Wilson issued an executive order directing state agencies to identify race and gender preference programs for elimination. However, a 1978 initiative (instituted so that government officials would not be deciding the legality of programs under their own control) is being used by state attorneys to require an appellate court decision before state agencies can eliminate programs.
Lawsuits filed
Prop 209 opponents filed a lawsuit in federal court in San Francisco, claiming that the initiative violates the US Constitution's equal protection clause. Currently, veterans and other groups can seek legislation that grants them preferences, while Prop 209 prohibits women and minorities from the same opportunity. This unequal right to seek legislation violates the 14th amendment.
UC implements 1995 resolution
The UC system is accelerating their implementation of the 1995 resolution by the UC Board of Regents banning the use of preferences in the university system. Students applying this year had received a note in their application package indicating that the passage of Prop 209 would impact admission criteria. However, State Superintendent of Public Instruction Delaine Eastin indicated that the anti-bias provisions would have to be interpreted by the courts before they would be implemented in the state's school districts.
Wilson fights to decide 209 in State Court
Governor Wilson's attorneys have asked Chief US District Judge Thelton Henderson to defer acting on lawsuits to block enforcement of Prop 209 until California Courts have interpreted Prop 209's scope. If Wilson is successful, the judge assigned to rule on such a case would be likely to be a Wilson or Deukmejian appointee.
Twenty-five states plan Prop 209 actions
At last count, 25 states have proposed or plan to propose laws or initiatives similar to Prop 209. The passage of Prop 209 in California indicated that the electorate could be confused and hoodwinked into thinking they were voting to eliminate discrimination, when in fact, the Prop 209 supporters STILL can not produce a single example of discrimination that Prop 209 would eliminate that wasn't already illegal under state and federal laws! The dismantling of public outreach programs and the inability to redress blatant discriminatory practices will sweep the nation, destroying efforts for equality for women and minorities. This is an assault on the majority of Americans and it must be halted.
Department of Justice urged to get involved
Californians (as well as any other Americans) opposed to 209 are being asked to contact President Clinton to urge the Department of Justice to stop enforcement of 209. Please copy the sample letter, personalize it, or write your own and ask your friends and supporters to do the same! DO IT NOW!
Sample letter to President Clinton and Attorney General Janet Reno
President Clinton
The White House
Washington, DC 20500
fax: 202-456-2461
Attorney General Janet Reno
Department of Justice
Tenth Street and Constitution Avenue, NW
Washington, DC 20530
fax 202-514-4371
I urge the Department of Justice to intervene in California to stop enforcement of Prop 209. The state of California, its departments and agencies, as well as local governments, are large federal contractors and must obey federal civil rights laws. California cannot be allowed to unilaterally eliminate affirmative action programs.
Just as the federal government intervened in the 1960's to end segregation in the South and to enforce the Voting Rights Act, so must the federal government now step in to stop the elimination of affirmative action programs for women and minorities in California. We cannot afford to lose, for even one day, such vital affirmative action programs as:
Signed:_________________
Address:
By writing, you let all of America know how important this issue is.
Students for Educational Opportunity sponsor Equal Educational Opportunity Initiative
Californians have until June 20 to qualify the Equal Educational Opportunity Initiative for the November ballot. The EEOI would allow affirmative action again in public education, specifically public elementary schools, high schools, community colleges, and universities, to use affirmative action programs to ensure equal opportunity, promote diversity, and combat discrimination. The EEOI would reverse the educational portion of Proposition 209.
"California Votes NO on 209" supports this initiative. The EEOI is supported by U.S. Representative Barbara Lee, Reverend Jesse Jackson, State Senator Teresa Hughes, State Assemblywoman Dion Aroner, Professor Ronald Takaki, The California Democratic Council, California Teachers Association, California Faculty Association, Feminist Majority, NAACP (CA), NOW (CA), ACLU (CA), Rainbow/PUSH Coalition, Chinese for Affirmative Action, League of United Latin American Citizens (LULAC), United Auto Workers (Northern CA), Lawyers' Committee for Civil Rights, National Lawyers' Guild (SF), San Francisco Bar Association, Alameda County Bar Association, San Francisco La Raza Lawyers' Association, San Diego La Raza Lawyers' Association, Black Women Lawyers' Association of Los Angeles, the Civil Rights Coalition (Northern CA), and many others.
Andrea Guerrero, a law student at UC Berkeley and co-author of the EEOI, sees the breadth of support for the EEOI as an affirmation of diversity. "Our supporters recognize that diversity is one of California's greatest strengths. It invigorates our learning environments, our economy and our culture. Instead of suppressing it in our schools, we should cultivate and celebrate it. We simply can not afford to return to the days of segregation." Students have been both appalled and energized by the dramatic drops (as high as 66%) in African-American, Latino/Chicano, Native-American, and Filipino students admitted to UCLA, UC Berkeley, UC Davis, UC San Diego, and UC Irvine. Adam Murray, a law student at UC Berkeley and co-author of the EEOI, sees these drops as a call to action. "If we allow our schools to become segregated and we restrict educational opportunities for whole segments of our population, we fail our children and we jeopardize our future. We need affirmative action to ensure equal opportunity in our state and diverse perspectives in our classrooms."
The text of EEOI reads as follows: In order to provide equal opportunity, promote diversity, and combat discrimination in public education, the state may consider the economic background, race, sex, ethnicity, and national origin of qualified individuals.
Join "NO on 209" in lending your support to this important initiative.
Here's what you can do:
sign the EEOI initiative petition on the EEOI website
volunteer to help by calling 510-601-8405, 714-364-4370 or email EEOI@aol.com
encourage your friends to register to vote and sign the initiative EEOI website
Join "NO on 209" in lending your support to this important initiative! This is the first step to reversing the harmful impact of Prop 209.
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Last updated on May 16, 2001
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