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Q: If Prop 209 really prohibits discrimination against women and minorities, why is every women’s rights and civil rights organization in America opposed to it?
A: Because, to put it bluntly, Prop 209 is a lie. Titled: “Prohibition against Discrimination and Preferential Treatment” this proposed amendment would actually open the doors to discrimination against women and minorities by ending affirmative action, and literally legalizing sex discrimination in public education, on the job and in awarding state contracts.
The only reason Prop 209 is ahead in the polls is because of its deceptive title and wording. When pollsters first ask, a majority of Californians say they would vote for Prop 209. But when voters find out what Prop 209 would really do, support for this civil rights masquerade collapses.
This means Prop 209 will:
“The state shall not use race, sex, color, ethnicity or national origin as a criterion for either discriminating against, or granting preferential treatment to any individual or group in the operation of the state’s system of public employment, public education or public contracting.”
Sounds good, but “preferential treatment” is legal jargon. Prop 209 would outlaw any affirmative action program — including outreach, recruitment, training, hiring, contracting and other programs— to increase opportunities for women and minorities. It confuses the cure for discrimination with discrimination itself.
But that’s not all. 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.”
Again, sounds reasonable. But, in practice, what does this mean? According to 99 California law professors, Clause ‘C’ creates a constitutional right to discriminate against women and girls.
Affirmative action is any program or policy that takes positive steps to increase opportunities for women and minorities. It’s the remedy for sex and race discrimination in employment, contracting and education.
Affirmative action is still needed. The Federal Glass Ceiling Commission found that women and people of color, who collectively make up 60% of the population, still hold only 4% of the top jobs.
This divisive attack on civil rights and women's rights was launched by Gov. Pete Wilson and other opportunistic politicians who seek to divide us for their own gains -- politicians anxious to play a "race card" to exploit base fears at a time of great economic uncertainty.
The money for 209 comes from big state contractors, right-wing arch-conservatives like Howard Ahmanson and Michael Huffington, and big financial backers of Newt Gingrich's political machine.
Just about every civil rights and women’s rights organization you can name, including:
AARP of California • ACLU • American Association of University Women • American Jewish Congress • Asian Law Caucus • California Business Council of Organizations for Equal Opportunity • California Labor Council, AFL-CIO California Teachers Association • The Feminist Majority • MALDEF • Harvey Milk Lesbian and Gay Democratic Club Lawyers Committee for Civil Rights • Latino Civil Rights Network League of Women Voters • NAACP • National Lawyers Guild National Organization for Women (NOW) • National Rainbow Coalition • OUT THERE! • San Francisco Chamber of Commerce • Southern Christian Leadership Conference University of California Student Association (UCSA) United Farm Workers • YWCA
Retired General Colin Powell, Los Angeles Mayor Richard Riordan, San Francisco Mayor Willie Brown, US Senators Barbara Boxer and Dianne Feinstein, and the Los Angeles County Board of Supervisors have all come out against Prop 209.
