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California bill would create ‘state-sponsored racial discrimination,’ critics argue

Critics say a bill pending approval in California could effectively legalize forms of discrimination if they benefit certain people groups. 

The measure, ACA-7, would amend the Constitution of California to allow the governor to use state funds on “research-informed, and culturally specific ” programs provided they are intended for “increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.”

Currently, the proposal sits before the Democrat-controlled Senate after passing the state Assembly in September. If approved, it could be presented to voters in November.

The bill, if passed, would diminish the impacts of Proposition 209, a 1996 law preventing state entities from factoring race in decision making and guaranteeing equal treatment for all Californians. 

A press release on the measure from one of its sponsors, state Assemblyman Corey Jackson, cited Proposition 209 as a “barrier” to addressing racial disparities in California.

Since its passing in 1996, Proposition 209 has served as a barrier toward implementing potential programs to assist vulnerable communities who have intentionally been neglected and left behind for over 400 years,” Assemblyman Jackson wrote. “This unjust law has substantially limited the state’s ability to address disparities in business contracting, education, housing, wealth, employment, and healthcare, which are deeply embedded in laws, policies, and institutions that perpetuate racial inequalities.

Opponents of the bill, however, feel it could offer preferential treatment to certain groups and threaten equal rights protections.

“In other words, ACA-7 asks California voters to pre-approve unknown exceptions to their fundamental right to be treated equally,” a petition against ACA-7 reads. “This is an insult to voters’ intelligence. If ACA-7 becomes law, present and future governors will be able to make as many exceptions as they like, so long as they can find ‘research’ that says it’s okay to discriminate on the basis of race, sex, color, ethnicity, or national origin, etc.”

Over 6,000 people have signed the petition as of Thursday.