Arizona's Version of Prop 209

A bill recently introduced in the Arizona Legislature would purport to prohibit both discrimination and "preferential treatment," with language virtually identical to California's notorious Proposition 209.

Should HB2223 become law, it would be unlawful for a state agency or political subdivision to afford such treatment "to an 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."

The measure expressly exempts programs such as those required under federal affirmative action mandates and others necessary to "maintain eligibility for any federal program if ineligibility would result in a loss" of funds.

By order of a federal court in California, the enforcement of Prop. 209--the most conspicuous assault on affirmative action by a state's electorate--has been stayed pending a review of that initiative's constitutionality.

As In Brief goes to press, HB2223 is awaiting legislative approval. Look for more on the proposal's disposition in the Summer 1997 edition.

Published in the Spring 1997 Edition of In Brief