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Arizona voters approve amendment banning affirmative action

By Aman Kakar

[JURIST] Arizona voters on Tuesday approved [results] Proposition 107, amending the state constitution [HCR 2019 text] to ban affirmative action [JURIST news archive] programs in state government agencies. The measure was passed by the state House of Representatives and placed on the ballot after the Senate [official websites] also approved the measure in June 2009. The language on the ballot read [materials]:

A "yes" vote shall have the effect of prohibiting the State from giving preferential treatment to or discriminating against any person or group on the basis of race, sex, color, ethnicity or national origin. The prohibition applies to preferences or discrimination in public employment, education or contracting. It exempts reasonably necessary qualifications based on sex, existing court orders and actions that would result in the loss of federal funds. The State includes state government, local governments, public colleges and universities, community colleges and school districts.

The measure was sponsored by state representative Steve Montenegro (R) [official website].

In August, the Supreme Court of California [official website] held that a state affirmative action ban does not violate the federal constitution [JURIST report]. In November 2008, ballot measures banning affirmative action failed in Colorado and passed in Nebraska [JURIST reports]. In 2006, Michigan voters approved a similar state constitutional amendment, which was upheld [JURIST reports] in March 2008 by a federal district judge in a lawsuit alleging that such an affirmative action ban violated the US Constitution.

Full post as published by JURIST - The Paper Chase on November 03, 2010 (boomark / email).