Proposition 16, which would have overturned a ban on affirmative action in the state, is failing with 56% of votes against the proposition as of Wednesday morning. The Associated Press declared that the proposition has failed.
Proposition 16 would have overturned another measure, Proposition 209, which voters passed in 1996. It banned the use of affirmative action by the state in hiring, awarding of contracts and granting admission to state colleges and universities.
Proposition 209 was one of several conservative measures backed by then-Gov. Pete Wilson in the 1990s. Those included Proposition 187, which sought to ban undocumented immigrants from accessing state services. That measure passed, but was later found to be unconstitutional. A third measure, Proposition 227, effectively banned bilingual education in the state. Voters overturned that ban in 2016.
Advocates of affirmative action have been working to modify or overturn Proposition 209 since it passed. They felt the current national discussion over race and social justice could help their cause. This past legislative session, Assemblymember Shirley Weber, D-San Diego, who chairs the Legislative Black Caucus, authored a constitutional amendment to overturn Proposition 209.
“California's regressive ban on equal opportunity programs, such as affirmative action, denies women and people of color a level playing field in the workplace and in education,” Weber said.
The state legislature easily approved placing Weber’s amendment on the November ballot. That became Proposition 16, and it drew high-profile supporters, including California Sen. Kamala Harris and Gov. Gavin Newsom. It also raised a substantial war chest — more than $26 million.
And yet the measure struggled with voters. Several pre-election polls showed it was supported by barely one-third of voters. Opponents maintain race should not be a factor in things like college admissions.
Gail Heriot, a law professor at the private University of San Diego School of Law, worked with the No on 16 campaign. “Standards can vary from school to school,” Heriot said. “Some schools may look for pure academic talent. Other schools may take into consideration athletic talent, entrepreneurial talent, leadership talent. All of these things. Just not race.”
California is currently one of just eight states that currently ban affirmative action.
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