This election will decide whether California will remain one of nine U.S. states that bans affirmative action, which is a preference in employment and school admissions decisions based on race, sex, color, ethnicity or national origin.
Proposition 16, if passed, would repeal Proposition 209, which banned affirmative action in 1996.
The U.S. Supreme Court first declared diversity quotas in the university admissions process unconstitutional in 1978 in Regents oOf the University of California v. Bakke court case.
According to the Bakke case report, racial diversity quotas were implemented at the University of California, Davis School of Medicine, where 16 out of 100 seats were set aside for minority students, which the courts deemed was impermissible.
Supporters of Proposition 16 said the ballot measure is a step in the right direction to combat systemic racism against minorities.
“[Affirmative action is] not racist . . . it’s a response to racism,” SJSU psychology senior Kevin Abea said. “The only reason why [Proposition 16] was even created in the first place was because racism [exists].”
California Assemblywoman Shirley Weber proposed the ballot measure in June to equalize opportunity and diversify schools, according to a June 10 Los Angeles Times article.
“I hope that the whole [California State University system] uses [affirmative action] as a tool,” SJSU educational professor María Ledesma said. “Unfortunately, so many years after the passage of Proposition 209, the admission of certain student groups still is very much stagnant.”
According to the California voter guide, opponents of Proposition 16 believe people should be treated equally because the only way to stop discrimination is to stop discriminating. The
argument for Proposition 16 is that not every Asian American or white person is
advantaged and not every Black or Latinx person is disadvantaged.
Stephen Miller, an Orange County resident and chairman for Californians For Equal Rights, opposes the ballot measure because he believes Proposition 16 is discriminatory against Asian Americans and will not help diversify schools and workplaces.
Californians for Equal Rights is a nonprofit organization that defends Proposition 209.
“It has been common knowledge in the Asian American community . . . that universities outside of California actively racially discriminate against Asian Americans,” Miller said.
“When [Proposition 16] was proposed, it immediately triggered activism by parents to protect their children from racial discrimination when they apply to college.”
He said discrimination toward Asian Americans is prevalent in California because of Japanese internment camps established during WWII. Miller said that Asian Americans make up a majority of The California for Equal Rights organization.
The argument against Proposition 16 also claims there will be favorites at the state and government level, whereas Proposition 209 ensured everyone would be treated equally, according to the California Voter Guide.
