Full Text of California "Civil Rights" Initiative
A Proposed State-Wide Constitutional Amendment By Initiative
(a) 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.
(b) This section shall apply only to action taken after the section's effective
date.
(c) 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.
(d) 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.
(e) Nothing in this section shall be interpreted as prohibiting action which
must be taken to establish or maintain eligibility for any federal program,
where ineligibility would result in a loss of federal funds to the state.
f) For the purposes of this section, "state" shall include, but
not necessarily be limited to, the state itself, any city, county, city
and county, public university system, including the University of California,
community college district, special district, or any other political subdivision
or governmental instrumentality of or within the state.
(g) 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
anti discrimination law.
(h) This section shall be self-executing. If any part or parts of this section
are found to be in conflict with federal law and the United States Constitution,
the section shall be implemented to the maximum extent that federal law
and the United States Constitution permit. Any provision held invalid shall
be severable from the remaining portions of this section.
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Carl Gutierrez-Jones
Department of English
University of California, Santa Barbara