For example, many California public universities universities provide outreach and support programs for students who are first in their family to attend college. Proposition 19, billed as “The Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment,” passed with 51.1% of California voter approval in November. Voters have defeated Prop. [18][19], Led by University of California Regent Ward Connerly[20] and endorsed by Governor Pete Wilson,[21] Proposition 209 appeared on the ballot in California as a constitutional amendment on November 5, 1996 and was approved by voters. For example, state universities can give a leg-up for students from low-income families or students who would be the first in their family to attend college. Proponents of Proposition 16 assert that it will allow California’s policymakers to enact laws, programs, and guidelines “to end and correct the effects of a specific form of discrimination" through "good-faith efforts ... to identify, select, and train potentially qualified minorities and women". 5 would have done the similar if passed by voters, but was shelved due to strong opposition. [13], As of 2020, the only overrepresented racial group in the University of California are Asian Americans. Prior to Proposition 209, some of California's public universities considered race and ethnicity as factors when making admissions decisions and offered programs to support the academic achievement of those students. To the contrary, enforcing equal outcome regardless of qualification and effort bears the hallmark of communism. of Cal. Proposition 16, which would have repealed California’s law that prevents UCLA and other public universities from considering race in admissions, was defeated Nov. 3 when at more than 57% of Californians voted no on the measure. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to Whites and African Americans are slightly underrepresented and Hispanic Americans are significantly underrepresented. [13]:26 According to California's Legislative Analyst, proposition 16 permits considering race, sex, color, ethnicity, or national origin in government decision-making policies to address diversity in the operation of public employment, education, or contracting. SurveyUSA survey presented only the measure's title, rather than a summary. Patricia Quillen, the wife of Netflix CEO Reed Hastings, gave $1 million to the Yes campaign for Proposition 16, which would repeal California’s affirmative action … [9] Proposition 16 may have also played a role in the Republican victories of Michelle Steel (who actively campaigned against the proposition during her run for Congress)[10] and Young Kim, two Korean-American Republican women who defeated incumbent Democratic U.S. House members in Southern California.[11][12]. 16 affirmative-action initiative sets off lively debate among Asian Americans", "How Racially Representative Is Your College? Equal opportunity matters. 16 fights wage discrimination and systemic racism, opening up opportunities for women and people of color. Rather, Mr. Bleemer’s findings about URM enrollment, graduation rates and earnings under Prop 209 are broadly consistent with the preponderance of peer-reviewed research studies.". VoteYesOnProp16.org To assist taxpayers, below are comparison charts of current law and the effects of Proposition 19, pending its enactment.For further information on Proposition 19, please see Letter to Assessors No. Before Proposition 209, state and local policies and programs that considered race, sex, color, ethnicity, or national origin still had to comply with federal law. There are longstanding Asian American civil rights groups including Asian Americans Advancing Justice - Asian Law Caucus, Asian Americans Advancing Justice - Los Angeles, Asian Pacific American Labor Alliance, Japanese American Citizens League, Chinese for Affirmative Action, and Organization of Chinese Americans among others that support Proposition 16. We know that small businesses are the backbone of our economy. Finally, Proposition 16 opponents believe that Proposition 16 is not a true affirmative action program, but is aimed at legalizing discrimination and government-sanctioned racial favoritism. At the UC, women make up 54 percent of enrolled students, but just one-third of the tenured faculty and less than a third of the members of the Board of Regents. v. Bakke (1978). State law also has a number of anti-discrimination provisions that are similar to those in federal law. 16 and affirmative action policies in general discriminate against Asian Americans. [27] According to the California legislative analyst, many of the state’s universities provide outreach and support programs for students who are first in their family to attend college. California is currently the fifth-largest economy in the world and has the world's largest system of higher education. 209", "05/06/20- Assembly Public Employment And Retirement", "Brown Vetoes SB 185: Affirmative Action-Like Bill Denied", "Prop 16 Analysis - Official Voter Information Guide", "Chris Reed: Is UC's decision to drop SAT mandate really about reducing Asian enrollment? [40] They also point to deeper, socio-economic issues that must be addressed to achieve better outcomes for underrepresented minorities (URMs), including improving public school outcomes and options for URMs in public K-12 education, inefficient public education spending, unequal access, lack of parental involvement, community segregation, and a shortage of qualified teachers. That measure prohibited considerations of race, ethnicity and gender in those public fields. We need to support those small businesses, especially as we rebuild from COVID-19. Not every Asian American or white is advantaged. Proposition 16 Affirmative Action in Government Decisions. Proposition 16 repeals Proposition 209. . PDF Version. Don't throw it away. BETTY TOM CHU, Former California Constitution Revision Commissioner, The Opportunity for All Coalition, also known as Yes on Prop 16, is leading the campaign in support of Proposition 16. Yet, Main Street businesses owned by women and people of color lose over $1,100,000,000 in government contracts every year because of the current law. Prior to the passage of Proposition 209, California and many local governments maintained costly bureaucracies that required preferential treatment in public contracting based on a business owner’s race, sex or ethnicity. This section shall be self-executing. This difference in methods may lead to different results when compared to other polls. “The failure of Proposition 16 means barriers will remain in place to the detriment of many students, families and California at large,” said John Pérez, chair of the Board of Regents. Prop 16 will REMOVE the following from California Constitution:” The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public jobs, schools, and contracting.” Nov 3rd 2020, vote NO on Prop 16! Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. [67] Many in these groups believe that affirmative action "lifts everyone up together and gives all people of color better access to education and opportunities," that affirmative action benefits Asian Americans, and that affirmative action remains necessary to address systemic racism. [28], Prior to the passage of Proposition 209, California state government and many local governments had affirmative action programs in place for minority and women business enterprises, where the state aimed to award a certain portion of state contracts to those types of businesses. They think they can "fix" past discrimination against racial minorities and women by discriminating against other racial minorities and men who are innocent of any wrongdoing. Learn how and when to remove these template messages, Learn how and when to remove this template message, California Senate Constitutional Amendment No. [70] Nearly 5,700 Asian American individuals have donated to the "No On Prop 16" campaign, representing 95% of donors to the campaign.[71]. [6] In the context of higher education admissions, these efforts may not include overt quotas as the Supreme Court has ruled them unconstitutional in Regents of the Univ. [17] Since that time, various affirmative action programs have been created in California as well as the broader United States, to both redress disadvantages associated with past and present discrimination as well as ensure public institutions, such as universities, hospitals, and police forces, are more representative (e.g. This section shall apply only to action taken after the section's effective date. If approved, Prop. Only by treating everyone equally can a state as brilliantly diverse as California be fair to everyone. The proposition would not alter other state or federal laws guaranteeing equal protection and prohibiting unlawful discrimination. Proposition 16 would repeal the 1996 California Proposition 209 which amended the California constitution and prohibits government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Some public universities in California created or modified policies and programs to instead consider characteristics not banned by Proposition 209, such as socioeconomic status and geography. Proposition 16 November 3, 2020 . Still, Proposition 16’s supporters say its opponents are a relic of another era in California politics — the controversial ballot measures of Wilson’s tenure. YES on Prop. The California State Assembly passed Assembly Constitutional Amendment 5 (ACA-5) which—after passing the State Senate—was placed on the 2020 ballot as proposition 16. [25] As Proposition 209 barred state and local agencies from considering race and gender in public contracting decisions, these programs and businesses were negatively impacted. v. Bakke (1978) and Gratz v. Bollinger (2003) that those affirmative actions schemes are federally unconstitutional. 16 would repeal Proposition 209, which California voters approved in 1996. LOS ANGELES, CA — Nearly a quarter of a century after California voters enshrined a ban on affirmative action in the state Constitution, Proposition 16 seeks to repeal it. Supported by League of Women Voters of California, California Federation of Teachers, Minority Business Consortium, and state higher education leaders. That measure prohibited considerations of race, ethnicity and gender in those public fields. Public opinion of affirmative action may vary depending on question framing. [24] In 2014, California Senate Constitutional Amendment No. The measure would repeal Section 31 of Article I of the California Constitution. California General Election Results, November 3, 2020. It will divide us at a time we desperately need to unite. [4] Chairpersons of Yes on 16 include Eva Paterson, president of the Equal Justice Society; Vincent Pan, co-executive director of Chinese for Affirmative Action; and Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund.[38]. [44], Similar arguments for support were summarized as follows in ACA 5's bill analysis:[by whom?]. The effects of the measure depend on the future choices of state and local government entities and are highly uncertain. Proposition 19 (2020) The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act. If the savings for other government contracts are anywhere near that, repealing this constitutional provision could cost taxpayers many BILLIONS of dollars. 209 was passed by voters in 1996 and banned preferential hiring or admissions practices based … 16 fights wage discrimination and systemic racism, opening up opportunities for women and people of color. 16 helps rebuild California stronger with fair opportunities for all. [34] The end of affirmative action programs in contracting led to reduced awards to contracted organizations. Fiscal Impact: No direct fiscal effect on state and local entities. Women should have the same chance of success as men. The current ban on the consideration of race, sex, color, ethnicity, and national origin in public education, public employment, and public contracting would remain in effect. Proposition 16 would repeal the ban. Our state has successful men and women of all races and ethnicities. [4] In June 2020, the California State Legislature passed ACA 5 on a mostly party-line vote, voting 60-14 on June 10 in the Assembly and 30-10 on June 24 in the Senate. 16, Californians can take action to push back against racism and sexism and create a more just and fair state for all. "[15] Kennedy’s Executive Order was superseded by Executive Order 11246, which was issued by President Lyndon B. Johnson on September 24, 1965 and prohibits federal contractors and federally assisted construction contractors and subcontractors, who do business with the federal government, from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. [38] In the California State Legislature, Asm. 5 (ACA 5) by Democratic Assembly Members Weber, Gipson, and Santiago on January 18, 2019. The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law. Politicians want to give preferential treatment to their favorites. After the state ended its affirmative action in public contracting, few minority- or women-owned businesses were able to regain contracts according to the Equal Justice Society. Prop. [23]:1, Since the passage of Proposition 209, there have been several legislative attempts to repeal sections of Proposition 209. Government Contracting and California's Proposition 209", "Undoing Ban on Race/Sex-Based Preferences Will Harm Students | RealClearPolitics", "Commentary: A hasty hearing on a constitutional amendment that would overturn Prop. 16. Proposition 209 stated that discrimination and preferential treatment were prohibited in public employment, public education, and public contracting on account of a person's or group's race, sex, color, ethnicity, or national origin. California voters rejected the ballot initiative Proposition 16, voting to maintain a ban on affirmative action in the state. [4] Therefore, Proposition 209 banned the use of affirmative action in California's public sector, while still permitting socioeconomic considerations.[2][5]. Proposition 16 is a California ballot proposition that appeared on the November 3, 2020 general election ballot, asking California voters to amend the Constitution of California to repeal 1996's Proposition 209. The state legislature recently voted in favor of the amendment and that will allow voters to make the final call in November with a vote on Proposition 16. For example, under federal law, universities may consider these characteristics as one of several factors when making admission decisions in an effort to make their campuses more diverse. Despite this, women and people of color are not getting their fair share of opportunities to get ahead: The debate about affirmative action has drawn strong opinions from both supporters and opponents within the Asian American community. For example, the state had established programs to increase the participation of women-owned and minority-owned businesses in public contracts and set goals for the portion of state contracts that were awarded to those types of businesses. Permits government decision-making policies to consider race, sex, color, ethnicity, or national origin in order to address diversity by repealing constitutional provision prohibiting such policies. The proposition does not change any fiscal policies, though there are uncertain effects depending on subsequent changes in hiring processes. After 25 years of quantitative and qualitative data, we see that race-neutral solutions cannot fix problems steeped in race. YES on Prop. [16] In 1967, President Johnson amended the order to include gender on the list of attributes. YES California banned affirmative action in the 1990s. [13], The California and federal constitutions provide all people equal protection, which generally means that people in similar situations are treated similarly under the law. ... Judging people by their skin color is morally repugnant. [33] This amounts to a loss of $1 billion to $1.1 billion annually for minority- and women-owned businesses. The lowest qualified bidder could be rejected. Many in these groups believe that Prop. [22] Proposition 209 amended the Constitution of California to prohibit government institutions from "[discriminating] against, or [granting] preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting." After last month’s defeat of a California ballot measure to revive affirmative action in higher education admissions and hiring, other ways to … The universities view these policies and programs as ways to increase diversity without violating Proposition 209. Don’t divide us! These conditions are intended to prevent discrimination that violates equal protection. Many university campuses also consider where students attended high school and where they live when making admissions decisions. The debate has largely centered around affirmative action in college admissions. 209", "Op-Ed: Attempt to overthrow Proposition 209 ignores K-12's responsibility", "Proposition 209 and Affirmative Action – Californians for Equal Rights", "UC Board of Regents unanimously endorses ACA 5, repeal of Prop. Supporting women and women of color who serve disproportionately as essential caregivers/frontline workers during COVID-19, Expanding access to solid wages, good jobs, and quality schools for all Californians, regardless of gender, race, or ethnicity, Creating opportunities for women and people of color to receive public contracts that should be available to all of us, Improving access to quality education, both K–12 schools and higher education, for all of California’s kids, Taking action to prevent discrimination and ensure equal opportunity for all, Rebuilding an economy that treats everyone equally, Investing wealth back into our communities as opposed to continuing to allow the rich to get richer, Strong anti-discrimination laws remain in effect. Haibo Huang, co-founder of San Diego Asian Americans for Equality: "Race is a forbidden classification for good reason, because it demeans the dignity and worth of a person to be judged by ancestry instead of his or her own merit and essential qualities. We are seeing the rise of overt racism: white supremacists on the march, the daily demonization of Latino immigrants, Black people gunned-down in our streets, anti-Asian hate crimes on the rise, women’s rights under attack, and COVID-19 ravaging Native communities. In Fisher v. University of Texas (2016) the Supreme Court held that public colleges and universities may consider race as one of many factors as part of their admissions decisions when race-neutral alternatives are insufficient to build a racially diverse student body. Ideas to boost diversity at California universities localnewsmatters.org - Larry Gordon, EdSource. Discrimination of this kind is poisonous. California ballot measure to undo the state's ban on affirmative action, Related state measures regarding affirmative action. In 1996, California voters approved Proposition 209, adding a new section to the State Constitution—Section 31 of Article 1. 16 threatens California's commitment to equality: Ward Connerly", "Haibo Huang: Why California should keep Prop. of Cal. 2020/061.. ", A non-peer reviewed, longitudinal study by UC Berkeley educational researcher and economics PhD student Zachary Bleemer on the impact of Proposition 209 on student outcomes using a difference-in-difference research design and a newly-constructed database linking all 1994-2002 University of California applicants to their college enrollment, course performance, major choice, degree attainment, and wages into their mid-30s found “the first causal evidence that banning affirmative action exacerbates socioeconomic inequities.”, A rebuttal to Bleemer's study by UCLA Professor of Law, William Kidder, a research associate at the UCLA Civil Rights Project rebuts Sander's rebuttal stating "Professor Sander’s claims about Prop 209 in his rebuttal to the Bleemer paper are not consistent with the overall body of relevant peer-reviewed scholarship. Although women, and especially women of color, are on the front lines of the COVID-19 response, they are not rewarded for their sacrifices. By passing Proposition 16, Californians can: • Tackle all forms of discrimination, removing barriers to equal opportunity • Fight gender wage discrimination Shirley Weber (D-79) was the lead sponsor of the constitutional amendment. Voters of Color Had Other Ideas", "November 2020 Official Voter Information Guide", "Affirmative Outreach and Data Collection: Limits (Real and Imagined) on Public Contracting Since Proposition 209", "Executive Order 10925—Establishing the President's Committee on Equal Employment Opportunity", "Race, gender, and affirmative action (resource page for teaching and study)", "1996 General Election Returns for Proposition 209 — CCRI", "Wilson Urges Legislature to Act on Prop. In 1996, California voters approved Proposition 209, adding a new section to the State Constitution as Section 31 of Article I. Californians for Equal Rights, also known as No on 16, is leading the campaign in opposition to Proposition 16. It's there in our Constitution for all of us. 5", "Perspective - Divided Californians will vote again on affirmative action", "Regents of Univ. 16, according to the Associated Press, keeping California's ban on affirmative action in place. Prohibiting preferential treatment based on race, sex, color, ethnicity or national origin is a fundamental part of the American creed. Legislative Constitutional Amendment. Mexican American Legal Defense and Educational Fund. 209, which prohibits state institutions from considering race", "November's Prop. Proposition 16 was a constitutional amendment that would have repealed Proposition 209, passed in 1996, from the California Constitution. All of us deserve equal opportunities to thrive with fair wages, good jobs, and quality schools. [2][3] Proposition 209 amended the state constitution to prohibit government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. The California Legislature wants you to strike these precious words from our state Constitution: "The state shall not discriminate against, or grant preferential treatment to, any individual or group, on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. ", "The ongoing pandemic, as well as recent tragedies of police violence, is forcing Californians to acknowledge the deep-seated inequality and far-reaching institutional failures that show that your race and gender still matter.”. Prop. Punishing innocent people will only cause a never-ending cycle of resentment. ", This page was last edited on 27 December 2020, at 20:29. 5, University of California Student Association, UC San Diego School of Global Policy and Strategy, Asian Americans Advancing Justice - Asian Law Caucus, Asian Americans Advancing Justice - Los Angeles, UC Berkeley Institute of Governmental Studies, "California Assembly passes bill for ballot measure to repeal Proposition 209, which banned considering race and sex in public jobs, education, and contracting in 1996", "California bill asking voters whether to repeal anti-affirmative action Prop. Yes on Prop. ", “Since becoming law in 1996, Proposition 209 has cost women- and minority-owned businesses $1.1 billion each year...It has perpetuated a wage gap wherein women make 80 cents on every dollar made by men and has allowed discriminatory hiring and contracting processes to continue unhindered.”, "As we look around the world, we see there is an urgent cry — an urgent cry for change. Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section. Any provision held invalid shall be severable from the remaining portions of this section. The new section generally banned the consideration of race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting in California with limited exceptions. CON [64] Currently, Asian Americans are the only over-represented student ethnic group in "more selective" public colleges in California and make up the largest proportion of undergraduate enrollment at the University of California. 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. [39] Ward Connerly, who was chairperson of the campaign behind California Proposition 209 (1996), is president of Californians for Equal Rights. Proposition 16 represents the first time a repeal of Proposition 209 has appeared on the ballot.[23]:12. 16 opens up contracting opportunities for women and people of color. Visit the County Reporting Status page to determine when a … Proposition 16 in the California state elections, June 2010, was an initiative that would have amended the state constitution to require two-thirds supermajority voter approval before local governments could use public funds or issue bonds to establish or expand public electricity service or community choice aggregation. A NO vote on this measure means: [ACA 5] is about equal opportunity for all and investment in our communities. The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. VOTE NO. California Proposition 16 Election Results: Repeal Ban on Affirmative Action Calif. Statewide Results A 1996 measure that banned the use of … White women make 80¢ on the dollar. [41][42][43] Under Proposition 209, California universities and government hiring may still consider economic background in the admissions process, but may not use race. Opponents of Proposition 16 primarily cite the divisive, discriminatory, and constitutionally questionable nature of Proposition 16, as well as the positive results Proposition 209 has yielded for underrepresented students at California's public universities since its implementation. A YES vote on this measure means: State and local entities could consider race, sex, color, ethnicity, and national origin in public education, public employment, and public contracting to the extent allowed under federal and state law. A careful, peer-reviewed study by a University of California economist found that CalTrans contracts governed by Proposition 209 saved 5.6% over non-209 contracts in the two-year period after it took effect. We live in the middle of an incredible historic moment. 209", "Search Results Web results CA legislature must pass affirmative action amendment", "Opinion: ACA 5 will bring racial equity and fairness to California", "Affirmative Action Incentivizes High Schoolers to Perform Better, New Research Shows", "Lawmakers Push to Repeal California's Ban on Affirmative Action", "California Assembly advances ballot proposal to reinstate affirmative action", "Plan to restore affirmative action in California clears hurdle after emotional debate", "After COVID-19 'Break,' Law That Would Restore Affirmative Action Passes Committee", "California universities prepare for possible return of affirmative action in admissions", "Debate over California's affirmative action ban rages anew at UC as voters weigh repeal", "California Doesn't Need a New Fight Over Proposition 209", "California proposal could bring back affirmative action", "California Democrats moving to reinstate affirmative action after nearly 25 years", "Senator Chang Issues Statement on ACA 5 Vote", "Proposition 16 will bring discrimination in the name of equality", "Prop 16 will bring back racial discrimination: Bob Huff", "Prop. In 2020, at 20:29 44 % increasing access to fair wages, good jobs, state... Enforcing equal outcome regardless of qualification and effort bears the hallmark of communism of California are Asian Americans '' ``... College admissions prohibited considerations of race, ethnicity and gender in those public fields other government contracts are near... Measure to undo california proposition 16 state savings for other government contracts making admissions decisions a! Populations they serve summarized as follows in ACA 5 's bill analysis: [ 13.. At California universities localnewsmatters.org - Larry Gordon, EdSource society it’s that the state Constitution section., increasing access to fair wages, good jobs, and Santiago on January 18,.. Racism and voice their support for real change is Your college nation, white men are still overrepresented in of. 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