California proposal to allow discrimination to help ‘marginalized’ quietly fails

(The Center Square) – A controversial bill to amend California’s constitution to allow for discrimination that helps “marginalized” groups failed to be heard in the State Senate before a July deadline to make it on the November ballot.

The proposed change was part of a 14-bill slavery reparations package from the California Legislative Black Caucus. The bill, ACA 7, was authored by Assemblymember Corey Jackson, D-Moreno Valley, and would have spawned a ballot measure to create an exemption to the state constitution’s ban on racial discrimination or preferences in public employment, education, and contracting. Constitutional amendments can be proposed by a ⅔ vote in both the State Assembly and Senate and put into effect by a majority of voters.

“Proposition 209 severely limits the state’s ability to address systemic inequalities with proven best practices, further exacerbating disparities in public employment, public education, and public contracting,” wrote Jackson. “In California’s efforts to address the long-standing inequalities facing its most vulnerable populations, the Golden State cannot afford to have a hand tied behind its back.” 

California’s constitutional ban on discrimination was passed in 1996 as Proposition 209, and has since withstood challenges in the ballot box in 2020. ACA 7 would have created a Prop. 209 exemption “for purposes of increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.” 

“ACA’s 7 defeat is a great victory for equality and opportunity, and a reminder that California is opposed to discrimination,” said Andrew Quinio, attorney and Reparations Task Force leader for the Pacific Legal Foundation, to The Center Square. “When will opponents of Prop 209 finally learn that Californians do not want their government to treat them differently based on race?”

ACA 7 passed the Assembly and would have needed to pass the Senate before an early July deadline to get on the November ballot.