FREQUENTLY ASKED QUESTIONS

What is the Arizona Civil Rights Initiative (AzCRI)?

The Arizona Civil Rights Initiative is a ballot initiative that would amend the Arizona State Constitution prohibiting state and local government from discriminating against or granting preferential treatment to any individual or group based on race, sex, color, ethnicity or national origin in the areas of public employment, public contracting and public education.

What would this initiative affect?

Public employment, public education, and public contracting by the state government and all of
its subdivision -- including the state itself, any city, county, public college, university, or
community college, school district, or other political subdivision or governmental instrumentality of or within the State of Arizona.

Isn’t some consideration of race needed to balance disparities that exist?

Poverty transcends race. AzCRI would not prevent, and indeed, would probably result in
significantly greater use of socio-economic solutions that would benefit every “disadvantaged"
individual regardless of race. AzCRI does agree that K-12 education should be improved and
programs that otherwise increase the availability of jobs, opportunity, and economic growth for
all Arizona citizens.

Wouldn’t passage of AzCRI mean the end of Affirmative Action?

No. In fact President John Kennedy first used the term affirmative action in Executive Order 10925, this order stated the United States Government would take affirmative action to ensure Americans would not be judged according to race. AzCRI reaffirms that ideal. Affirmative action (in terms of outreach programs to under-represented groups) would be permitted for such classifications as, for instance, “inner city schools” or “rural schools” or other measures of socio-economic disadvantage. What would be prohibited under the AzCRI is applying different standards to individuals or groups based on the intrinsic characteristics of race, sex, color, ethnicity or national origin.

Won’t the ban on discrimination based on sex result in such things as unisex public restrooms, or interfere with legitimate, gender-specific, government functions such as undercover police operations, casting for plays in public schools, and so forth?

No. The AzCRI language provides a specific exception for "bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting." The Civil Rights Act of 1964 – which has the exact same exception clause -- has over four-decade history of legal interpretation and there is settled case law addressing such exceptional circumstances. Legitimate gender differentiations have been clearly interpreted to mean that such distinctions as separate-sex restrooms and other accommodations to the physical differences between males and females are and will remain perfectly legal. Further, a similar measure, “Proposition 209,” was passed in California almost a decade ago. To this date, girls are still playing soccer in California, and volleyball, baseball, basketball, etc.

Would this amendment apply to private companies or organizations?

No – this will only apply to public education, employment and contracting.