Summary

A PROPOSAL TO AMEND THE STATE CONSTITUTION TO PROHIBIT PREFERENTIAL TREATMENT OR DISCRIMINATION BY STATE GOVERNMENT

The proposal would amend the state constitution to prohibit preferential treatment or discrimination by state government, state universities, colleges, community colleges, school districts, counties and local governments to any individual or group based on race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting. The amendment will not prohibit bone fide qualifications based on sex that are reasonably necessary to the normal operation of government.

Text of Proposed Amendment:

Article 30

(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) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.

(c) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.

(d) Nothing in this section shall be interpreted as prohibiting 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.

(e) For the purposes if this section, “state” shall include, but not necessarily be limited to, the state itself, any city, county, city and county, state and county, public university system, including the University of Arizona, Arizona State University, Northern Arizona University, community college district, school district, any other political subdivision or governmental instrumentality of or within the state, or any other governmental entities formed under the laws of Arizona.

(f) 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 Arizona antidiscrimination law.

(g) 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 United State Constitution, the section shall be implemented to the maximum extent that that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.


Back to home page