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Prohibition Against Discrimination or Preferential
Treatment by State and Other Public Entities.
Initiative Constitutional Amendment.
Official Title and Summary prepared by the Attorney General
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Text of Proposition
PROHIBITION AGAINST DISCRIMINATION OR PREFERENTIAL
TREATMENT BY STATE AND OTHER PUBLIC ENTITIES.
INITIATIVE CONSTITUTIONAL AMENDMENT.
- Prohibits the state, local governments, districts, public universities, colleges, and schools, and
other government instrumentalities from discriminating against or giving preferential treatment
to any individual or group in public employment, public education, or public contracting on the
basis of race, sex, color, ethnicity, or national origin.
- Does not prohibit reasonably necessary, bona fide qualifications based on sex and actions
necessary for receipt of federal funds.
- Mandates enforcement to extent permitted by federal law.
- Requires uniform remedies for violations. Provides for severability of provisions if invalid.
Summary of Legislative Analyst's
Estimate of Net State and Local Government Fiscal Impact:
- The measure could affect state and local programs that currently cost well in excess of
$125 million annually.
- Actual savings to the state and local governments would depend on various factors (such as
future court decisions and implementation actions by government entities).
Analysis by the Legislative Analyst
Argument in Favor of Proposition 209
Rebuttal to Argument in Favor of Proposition 209
Argument Against Proposition 209
Rebuttal to Argument Against Proposition 209
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