ALLOWS DIVERSITY AS A FACTOR IN PUBLIC EMPLOYMENT, EDUCATION, AND CONTRACTING DECISIONS. LEGISLATIVE CONSTITUTIONAL AMENDMENT.
OFFICIAL TITLE AND SUMMARY
PREPARED BY THE ATTORNEY GENERAL
Permits government decision-making policies to consider race, sex, color, ethnicity, or national origin to address diversity by repealing article I, section 31, of the California Constitution, which was added by Proposition 209 in 1996.
Proposition 209 generally prohibits state and local governments from discriminating against, or granting preferential treatment to, individuals or groups on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, education, or contracting.
Does not alter other state and federal laws guaranteeing equal protection and prohibiting unlawful discrimination.
SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT:
No direct fiscal effect on state and local entities because the measure does not require any change to current policies or programs.
Possible fiscal effects would depend on future choices by state and local entities to implement policies or programs that consider race, sex, color, ethnicity, or national origin in public education, public employment, and public contracting. These fiscal effects are highly uncertain.
FINAL VOTES CAST BY THE LEGISLATURE ON ACA 5 (PROPOSITION 16) (RESOLUTION CHAPTER 23, STATUTES OF 2020)