(4) Text of Proposition 209 and Initiative 200
|Editor's Notes: The final language of the Michigan Civil Rights Initiative will be very similar to the language used in Proposition 209 and Initiative 200 (see below), with appropriate adjustments to accommodate the applicable Michigan state laws.||Prop.
Critics and liberal news reporters make a big deal out of the fact that the initiative will not specifically mention "affirmative action", implying that the initiative is dishonest or misleading. The initiative will not address "affirmative action" because it is not seeking to end or destroy affirmative action -- it only seeks to ban preferential or differential treatment by the state based in any part upon race or ethnicity.
(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.
On Tuesday, Nov. 3, 1998 the citizens of Washington State approved Initiative 200 by an overwhelming majority. It is now the law in Washington.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) 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.
(2) This section applies only to action taken after the effective date of this section.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of the effective date of this section.
(6) This section does not prohibit 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.
(7) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.
(8) 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 Washington antidiscrimination law.
(9) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
NEW SECTION. Sec. 2. This act shall be known and cited as the Washington State Civil Rights Act.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act are each added to chapter 49.60 RCW.
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