Amendment 46 -- Discrimination and Preferential Treatment by Governments

This is commonly referred to as the Anti-Affirmative Action amendment. It would prohibit governments in Colorado from treating any individual or group differently in public employment, public education or public contracting on the basis of race, sex, color, ethnicity or national origin. The measure provides exceptions to meet requirements for federal funding, for court orders and for bona fide qualifications (e.g. female prison guard for female inmates). The following government programs targeted at women and minorities would be eliminated under this measure: outreach, recruitment and training programs, scholarships, preferential treatment for women- and minority-owned businesses in public contracting.

Unwarranted CONSTITUTIONAL change -- ADDS Section 31 to Article II

Recommendation: NO
This amendment would eliminate many outreach, recruitment and training programs including efforts to increase the number of women and minority-owned businesses receiving government contracts. While it would eliminate 100 scholarships for women and minorities at CU-Boulder, it would still allow discrimination based on other factors such as being the child of an alumnus. It is easy to think that someone like you is more qualified than someone who is not like you. Affirmative action is an effort to encourage employers, university administrators, etc to consider hiring or admitting someone who is different from them. The goal is a truly integrated society at all levels and in all arenas. Meanwhile we should NOT add this to our constitution where it will be hard to tweak if problems arise.


Website for Yes side (Colorado Civil Rights Initiative)
http://www.coloradocri.org/

Website for No side (Progress Now Action)
http://www.votenoamendment46.com/


Amendment 46 (Approved ballot title below)

Discrimination and Preferential Treatment by Governments

Shall there be an amendment to the Colorado constitution concerning a prohibition against discrimination by the state, and, in connection therewith, prohibiting the state from discriminating against or granting 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; allowing exceptions to the prohibition when bona fide qualifications based on sex are reasonably necessary or when action is necessary to establish or maintain eligibility for federal funds; preserving the validity of court orders or consent decrees in effect at the time the measure becomes effective; defining "state" to include the state of Colorado, agencies or departments of the state, public institutions of higher education, political subdivisions, or governmental instrumentalities of or within the state; and making portions of the measure found invalid severable from the remainder of the measure?

Yes ________________ No ________________


To see the full text of the proposed measure, click here, then click on “2008 State Ballot Information Booklet” at the top of the page.