Results
| Choice | Votes | % |
|---|---|---|
 Yes | 404,766 | 57.56 |
| No | 298,401 | 42.43 |
| Total votes | 703,167 | 100.00 |
| Source: [7] | ||
The Nebraska Civil Rights Initiative, also known as Initiative 424, was a 2008 ballot measure that proposed a constitutional amendment which would prohibit the state 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." [1] The measure, in effect, banned affirmative action at the state level. It passed with 58% of the vote. [2] [3] [4]
Be it enacted by the people of the State of Nebraska that, Article I of the Constitution of Nebraska be amended by adding a Section 30 as follows:
A Constitutional amendment to prohibit the state from discriminating against, or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education or public contracting; to apply the amendment only to action after the amendment's effective date; to allow bona fide qualifications based on sex that are reasonably necessary; to exempt any court order or consent decree that is in force as of the effective date of this amendment; to provide an exception for certain federal programs; to define state for purposes of the amendment; to provide for remedies; to make the amendment self-executing; to make provision in the event of conflict with federal law or the United States Constitution; and to provide for severability. [1]
Be it enacted by the people of the State of Nebraska that, Article I of the Constitution of Nebraska be amended by adding a Section 30 as follows: [1]
(1) 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.
(2) This section shall apply only to action taken after the section's effective date.
(3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(4) Nothing in this section shall invalidate any court order or consent decree that is in force as of the effective date of this section.
(5) Nothing in this section prohibits action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(6) For purposes of this section, state shall include, but not be limited to: (a) the State of Nebraska; (b) any agency, department, office, board, commission, committee, division, unit, branch, bureau, council, or sub-unit of the state; (c) any public institution of higher education; (d) any political subdivision of or within the state; and (e) any government institution or instrumentally of or within the state.
(7) 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 Nebraska's antidiscrimination law.
(8) This section shall be self executing. If any part or parts of this section are found to be in conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent that federal law and the Constitution of the United States permit. Any provision held invalid shall be severable from the remaining portions of this section. [1]
The Nebraska Civil Rights Initiative was one of the anti-preferential-treatment initiatives supported by civil rights activist Ward Connerly during the 2008 elections, in what he called a "Super Tuesday for Equal Rights". While similar measures were voted on in other states, voters in Nebraska were the only ones to approve such a measure in 2008. [6]
| Choice | Votes | % |
|---|---|---|
| Yes | 404,766 | 57.56 |
| No | 298,401 | 42.43 |
| Total votes | 703,167 | 100.00 |
| Source: [7] | ||
Affirmative action, also known as positive action or positive discrimination, involves sets of policies and practices within a government or organization seeking to include particular groups that were historically discriminated against based on their ethnicity in areas in which such groups are underrepresented, mistreated or suffer from lack of public support — such as education and employment. Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing wrongs, harms, or hindrances.
Proposition 209 is a California ballot proposition which, upon approval in November 1996, amended the state constitution to prohibit state governmental institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Modeled on the Civil Rights Act of 1964, the California Civil Rights Initiative was authored by two California academics, Glynn Custred and Tom Wood. It was the first electoral test of affirmative action policies in North America. It passed with 55% in favor to 45% opposed.
The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan. It describes the structure and function of the state's government.
The Michigan Civil Rights Initiative (MCRI), or Proposal 2, was a ballot initiative in the U.S. state of Michigan that passed into Michigan Constitutional law by a 58% to 42% margin on November 7, 2006, according to results officially certified by the Michigan Secretary of State. By Michigan law, the Proposal became law on December 22, 2006. MCRI was a citizen initiative aimed at banning consideration of race, color, sex, or religion in admission to colleges, jobs, and other publicly funded institutions – effectively prohibiting some affirmative action by public institutions based on those factors. The Proposal's constitutionality was challenged in federal court, but its constitutionality was ultimately upheld by the Supreme Court of the United States.
Affirmative action in the United States consists of government-mandated, government-approved, and voluntary private programs granting special consideration to historically excluded groups, specifically racial minorities or women. The programs tended to focus on access to education and employment. The impetus toward affirmative action was redressing the disadvantages associated with past and present discrimination. Further impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.
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Initiative 200 was a Washington state initiative to the Legislature promoted by California affirmative-action opponent Ward Connerly, and filed by Scott Smith and Tim Eyman. It sought to prohibit racial and gender preferences by state and local government. It was on the Washington ballot in November 1998 and passed with 58.22% of the vote. It added to Washington's law the following language:
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.
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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.
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Citizens for Equal Protection v. Bruning, 455 F.3d 859, was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit. It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.
The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies that make sure all Americans have equal access to the housing of their choice.
Senate Constitutional Amendment 5 was introduced by California State Senator Edward Hernandez to the California State Senate on December 3, 2012. This initiative would ask voters to consider eliminating California Proposition 209's ban on the use of race, sex, color, ethnicity, or national origin in recruitment, admissions, and retention programs at California's public universities and colleges. SCA 5 was passed in the California Senate on January 30, 2014 but was subsequently withdrawn by Hernandez due to strong opposition, mainly from Asian Americans.
States have passed state equal rights amendments (ERAs) to their constitutions that provide various degrees of legal protection against discrimination based on sex. With some mirroring the broad language and guarantees of the proposed Federal Equal Rights Amendment, others more closely resemble the Equal Protection Clause of the Fourteenth Amendment.
The California state elections in 2020 were held on Tuesday, November 3, 2020. Unlike previous election cycles, the primary elections were held on Super Tuesday, March 3, 2020.
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 Proposition 209 (1996). 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. Therefore, Proposition 209 banned the use of race- and gender-based affirmative action in California's public sector.
On November 4, 2014, Illinois voters approved the Illinois Right to Vote Amendment, a legislatively referred constitutional amendment to the Constitution of Illinois. The amendment was designed to provide that no person shall be denied the right to register to vote or cast a ballot in an election based on race, color, ethnicity, language, national origin, religion, sex, sexual orientation or income.
[Page 66] Measure Number 424 A constitutional amendment to prohibit the State, any public institution of higher education, political subdivision or government institution from discriminating against, or granting preferential treatment to, individuals or groups based upon race, sex, color, ethnicity, or national origin in operating public employment, education or contracting.TOTAL For 404766 Against 298401