|
PROPOSITION
107
OFFICIAL
TITLE
HOUSE
CONCURRENT RESOLUTION 2019
A
CONCURRENT RESOLUTION
PROPOSING
AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, BY ADDING
SECTION 36, CONSTITUTION OF ARIZONA; RELATING TO PREFERENTIAL TREATMENT
OR DISCRIMINATION PROHIBITION.
TEXT
OF PROPOSED AMENDMENT
Be
it resolved by the House of Representatives of the State of Arizona, the
Senate concurring:
1.
Article II, Constitution of Arizona, is proposed to be amended by adding
section 36 as follows if approved by the voters and on proclamation of
the Governor:
36.
Preferential treatment or discrimination prohibited;
exceptions; definition
SECTION
36. A. THIS STATE SHALL NOT GRANT PREFERENTIAL TREATMENT TO OR DISCRIMINATE
AGAINST 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.
B.
THIS SECTION DOES NOT:
1.
PROHIBIT BONA FIDE QUALIFICATIONS BASED ON SEX THAT ARE REASONABLY NECESSARY
TO THE NORMAL OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION OR PUBLIC
CONTRACTING.
2.
PROHIBIT ACTION THAT MUST BE TAKEN TO ESTABLISH OR MAINTAIN ELIGIBILITY
FOR ANY FEDERAL PROGRAM, IF INELIGIBILITY WOULD RESULT IN A LOSS OF FEDERAL
MONIES TO THIS STATE.
3.
INVALIDATE ANY COURT ORDER OR CONSENT DECREE THAT IS IN FORCE AS OF THE
EFFECTIVE DATE OF THIS SECTION.
C.
THE REMEDIES AVAILABLE FOR A VIOLATION OF THIS SECTION ARE THE SAME, REGARDLESS
OF THE INJURED PARTY'S RACE, SEX, COLOR, ETHNICITY OR NATIONAL ORIGIN,
AS ARE OTHERWISE AVAILABLE FOR A VIOLATION OF THE EXISTING ANTIDISCRIMINATION
LAWS OF THIS STATE.
D.
THIS SECTION APPLIES ONLY TO ACTIONS THAT ARE TAKEN AFTER THE EFFECTIVE
DATE OF THIS SECTION.
E.
THIS SECTION IS SELF-EXECUTING.
F.
FOR THE PURPOSES OF THIS SECTION, "STATE" INCLUDES THIS STATE,
A CITY, TOWN OR COUNTY, A PUBLIC UNIVERSITY, INCLUDING THE UNIVERSITY
OF ARIZONA, ARIZONA STATE UNIVERSITY AND NORTHERN ARIZONA UNIVERSITY,
A COMMUNITY COLLEGE DISTRICT, A SCHOOL DISTRICT, A SPECIAL DISTRICT OR
ANY OTHER POLITICAL SUBDIVISION IN THIS STATE.
2.
The Secretary of State shall submit this proposition to the voters at
the next general election as provided by article XXI, Constitution of
Arizona.
ANALYSIS
BY LEGISLATIVE COUNCIL
Proposition
107 would amend the Arizona Constitution to ban affirmative action programs
that give preferential treatment to or discriminate against 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.
This proposition does not prohibit bona fide qualifications based on sex
that are reasonably necessary to the normal operation of public employment,
public education or public contracting. This proposition would not prohibit
action necessary to prevent a loss of federal funding to the state and
would not invalidate any existing court orders. The remedies for violations
of this proposition would be the same as for violations of current antidiscrimination
laws. This proposition applies to the state, counties, cities, towns,
special districts and other political subdivisions of the state, including
school districts, public universities and community college districts.
This
proposition would apply only to actions that are taken after the effective
date of this proposition.
My
family came from El Salvador to the USA, legally, when I was four years
old, because it was the land of the free and a place where you could be
whatever you dreamed. My parents instilled those same values in their
children and raised us as Martin Luther King, Jr. preached: To judge our
fellow human beings on the content of their character, not the color of
their skin. We started with nothing, but we were Americans, so we worked
hard and achieved much. Today, I'm honored to serve in the Arizona House
of Representatives, and I'm proud to be a sponsor of Proposition 107.
Other states have already done it, now Arizona can realize Dr. King's
dream, recognizing that we live in a world where the color of your skin
will not keep you from the school of your choice or the job of your choice,
be it at the Waffle House or The White House. Affirmative Action began
as a series of policies to expressly prohibit discrimination, but it was
warped over time to institutionalize discrimination and, worse still,
to convince entire generations that they were not good enough or smart
enough to compete. Our proposition is both simple and profound. Our government
may not discriminate any longer, against anyone, on the basis of race,
sex, ethnicity, color or national origin. And why should it? Can you imagine
if someone wanted to LEGALIZE racial or sexual discrimination? Yet that
is exactly what opponents of this measure will be arguing for. I'm proud
that Prop 107 will ensure everyone in Arizona is treated fairly in public
education, jobs, and contracts and that no one will be labeled as inferior
or unable to compete. Vote yes on Prop 107, and let us finally begin to
move beyond race.
| Steve
Montenegro, State Representative, Litchfield Park |
I
voted to refer Proposition 107 to the ballot when this came before me
in the Arizona State Senate in 2009. I was very proud to cast that vote
on behalf of the citizens of Arizona. Now we all have the opportunity
to vote to take the final step to make it unconstitutional for government
in Arizona to prefer one citizen over another because of their color,
race or sex.
Prop
107 reflects the American Dream to work hard and achieve. It reaffirms
a commitment to the values in the 1964 Civil Rights Act that the most
qualified individuals will succeed regardless of their race or skin color.
Arizona citizens should demand that same fairness and equality from their
government in state hiring, public education and public contracting.
Business is about productivity, innovation and competition for capital
and consumers. For a company to be competitive and to survive, employees
must be qualified and capable. Companies should not be forced to sacrifice
productivity to meet hiring quotas and neither should the state in consideration
of all its taxpayers.
Achievement and responsibility are at the apex of successful business;
the same philosophy should be reflected in how our government serves the
people of Arizona. And government owes every citizen one other thing -
equality! Vote yes on Prop 107.
| Steve
Pierce, State Senator, Phoenix |
I
urge you to vote yes on Proposition 107. Racial and gender discrimination
is never right, whether it is to the benefit or detriment of those involved.
There is always a cost to those who are passed over in favor of those
receiving the preferences.
Affirmative
action efforts were put in place to ensure that everyone has an equal
opportunity to compete - not to give additional advantages as is being
done today. Affirmative action programs that don't grant preferential
treatment will still be permissible under Proposition 107 to see that
no one is discriminated against. But extra special advantages would be
prohibited.
Preferential
treatment based on race is defended as programs to help those who come
from disadvantaged socioeconomic backgrounds. However, this is an empty
talking point from supporters of race preferences. Studies reveal that
86% of those who benefit from race preferences come from middle and upper
class backgrounds.
The
opposition says that Proposition 107 will take away opportunities for
women and minorities. This hasn't happened over the past 10 years in other
states where Civil Rights Initiatives have passed. In those states many
of the programs that opponents claimed would end still exist! Opponents
would rather scare people than address the real issue - should fairness
and equality be the law in Arizona?
The
opposition claims that women and minorities will be underrepresented if
Proposition 107 passes. Currently, the preference goals for minority and
women representation are so distorted they are unrealistic. For example,
the University of Arizona website says that its goal for tenure track
faculty in the Fine Arts - a quota - is 56% women. Women only make up
half the population!
Efforts
to remedy past discrimination have gone way too far and are resulting
in reverse discrimination. Vote YES
to put a stop to this.
| Rachel
Alexander, Phoenix |
We
either have equal protection for our rights, or we do not. You cannot
create the standard and then craft out exceptions when it comes to the
rights of people.
| Kevin
G. Rogers, President, Arizona Farm Bureau Federation, Gilbert |
James
W. Klinker, Chief Administrative Officer, Arizona Farm Bureau Federation,
Gilbert |
|
Paid for by Arizona
Farm Bureau Federation |
In
the summer of 1963, having just graduated from high school, I participated
in the civil rights march on Washington, at which Martin Luther King gave
his famous speech, stating that people should be judged the quality of
their character rather than by the color of their skin. I believe it is
one of the most fundamental of American values that we are individuals,
not exemplars of what race we happen to have been born into. What is important
about us if what we know, what we can do, what is our character, and our
race or gender is completely irrelevant. I believe further that the overall
majority of people in both political parties believe this. Democrat President
John Kennedy said a half century ago, "race places no proper role
in American life or law." This initiative assures that will be true
in Arizona.
Prop
107, the Arizona Civil Rights Initiative, guarantees fairness and equality
for all citizens of Arizona. Prop 107 reaffirms the colorblind principles
of the 1964 Civil Rights Act - judge people by the content of their character
not the color of their skin.
Unfortunately,
our government uses a system of race and gender preferences. Some are
given preferential treatment at the expense of others - some call this
"affirmative action" and some call it "reverse discrimination."
Whatever it is called it is wrong. How can our state move toward a colorblind
society when our very own government is intent on classifying people based
on race?
The
time has come to promote true equality for all people. Voting YES on Prop
107 ends "affirmative action programs" that grant preferential
treatment based on race and sex in three specific areas: public employment,
public contracting and public education.
Opponents
to Prop 107 will say and do anything - including using scare tactics -
to keep race and gender preferences in place. But, Prop 107's language
is straightforward and simple. It guarantees that people who are admitted
into public universities or who are hired for government jobs are there
because of merit not special treatment. Prop 107 gives everyone, and we
mean EVERYONE, an equal opportunity to compete based on merit, not skin
color or sex, and then tells the government to get out of the way.
The
bottom line is when you or a family member applies for college admission,
for a job or promotion, or for a contract the determination should be
made based on qualifications, not skin color or gender.
The
choice is clear. Vote Yes on Proposition
107 to ensure fairness and equality for all Arizonans.
| Rachel
Alexander, Chairman, Arizona Civil Rights Initiative, Phoenix |
|
Paid for by Arizona
Civil Rights Initiative |
Vote
Yes on Prop. 107. "One should be judged by the content of their character,
not by the color of their skin."
Discrimination
is wrong. When someone is hired they should know that they got the position
because they earned it, not because they helped create the right racial
percentage. That is fundamentally unfair and immoral.
That's
why, along with Representative Steve Montenegro, I sponsored the referral
to the ballot of Prop 107 in the 2009 legislative session.
Affirmative
action programs are inherently unfair and a threat to individual rights.
Programs that allow government to discriminate on the basis of race, sex,
or ethnicity, even for ostensibly good reasons, invariably result in government
sanctioned discrimination.
All
Arizonans deserve to have an equal chance to compete for public jobs,
contracts and college admissions.
The
overall result of affirmative action discrimination is to intensify hostility
among individuals by creating political battles among members of different
groups for higher quotas. We should be trying to encourage government
employment, contracting, and educational opportunities to go to those
most qualified without regard to race, sex, or ethnicity.
[This
provision would protect and ensure equality of all individuals under the
law by prohibiting this kind of discrimination. [[
All
Arizonans deserve to live in a state where they each have an equal chance
to compete for public jobs, contracts and college admissions. All government
should do is guarantee all people are treated fairly. After that it is
up to the individual to make the grades or earn the qualifications. America
is about equal opportunity not equal outcomes.
I'm
proud to know Prop 107 is about fairness for all Arizona citizens. We
live in the greatest state, let's make it even better - vote "yes"
on Prop 107.
| Russell
Pearce, State Senator, Mesa |
Over
ten years ago I filed a lawsuit against the University of Michigan for
racial discrimination in their admissions policy. I know firsthand how
horrible it is to be discriminated against by being subjected to different
admissions standards based on race. Unfortunately since that time I've
learned that universities and government agencies all over the country,
including in Arizona, employ policies that grant preferential treatment
based on race to some while discriminating against others.
Job
quotas, "minority" contract set-asides and extra points in college
admissions are wrong and it's time to get rid of them. Achieving "diversity"
may be a good intention, but often amounts to the functional equivalent
of a quota. Diversity and other equally good intentions should never be
an excuse to discriminate.
Prop
107 is simple - it will ban "affirmative action" programs that
give preference based on race or sex in three specific areas: public contracting,
public employment, and public education. After all, there's nothing affirmative
about programs that divide people based on race and then treat people
differently based on skin color.
A
YES vote on the Arizona Civil
Rights Initiative will restore fairness in how people are treated by government.
Prop 107 will guarantee that everyone is given an equal opportunity to
compete based on merit, not skin color or sex.
The
Arizona Civil Rights Initiative mirrors the landmark 1964 Civil Rights
Act and advances civil rights by prohibiting discrimination and preferential
treatment based on race, sex, and skin color. Prop 107 reinforces the
fact that everyone is entitled to civil rights. Prop 107 simply states
that every individual should have an equal chance to compete for good
paying jobs, government contracts, and college admissions - based on merit,
not skin color or sex.
Vote YES on Prop 107 .
| Jennifer
Gratz, Sacramento, California |
America
was founded on the principle of equality: "We hold these truths to
be self-evident that all men are created equal..."
While
this statement mentions only "men," and it effectively excluded
certain men, as a people we have struggled mightily over the years to
extend the blessings of freedom and equality to
all men and women in our nation.
The
journey to full citizenship has often been a difficult one for many among
us. Yet, our progress has been inexorable as we have sought to make our
creed of equality a reality for all Americans.
As
we look at our nation in 2010, there are many reasons to be proud of the
American people. Men and women of all backgrounds are marrying across
lines of race and having children and are succeeding in business, arts,
entertainment, sports, politics and virtually every facet of American
life - and the color of a person's skin seems not to matter to the overwhelming
majority of Americans.
To
compensate for our history of discrimination, many public agencies in
Arizona have implemented programs that confer preferences in contracting
and employment on the basis of race and ethnic background. We all know
that such programs are wrong, but we have tolerated these practices knowing
that the time would come when they would have to be brought to an end.
One
of the most distinguished citizens of Arizona, Former Supreme Court Justice
Sandra Day O'Connor, in her 2003 opinion allowing the use of race to achieve
"diversity" in higher education, expressed the hope that race
preferences would no longer be necessary by the year 2028.
The
people of Arizona can end race preferences now and put Arizona on the
path to true equality for all by ending preferences for some. Vote "yes"
for Prop 107.
| Ward
Connerly, President, American Civil Rights Coalition, Sacramento,
California |
Argument for Prop 107
I
have noticed that race has become increasingly important to the government.
Think about every form you fill out and that there's a section requesting
your race. It is time to move beyond race. It's condescending to send
the message that women and minorities can't succeed without the government
administering some type of affirmative action.
I
was elected Arizona State Treasurer in 1998. At the time, Jane Hull was
Governor, Janet Napolitano was Attorney General, Betsy Bayless was Secretary
of State and Lisa Graham Keegan was Superintendent of Public Instruction.
To suggest that women need some special assistance in Arizona is outrageous
and untrue. I haven't been given anything by the "grace of government."
I have worked hard my entire life and achieved as a woman, and I'm not
alone. I didn't need the benefits of affirmative action, and I resent
any perception that anything was given to me that I didn't earn.
In
November, Arizona will have the chance to eliminate these preferences.
Prop 107 is simple; it will ban granting preferences to anyone on the
basis of race, sex, color, ethnicity or national origin in three areas
-- public contracting, public employment and public education. Arizona
should be a fair state where everyone competes equally based on their
qualifications.
People
who oppose Prop 107 say the Governor's Commission to Prevent Violence
Against Women will be eliminated. Untrue! It is not related to public
employment, contracting or education. Opponents say teen parenting programs
will be eliminated. False! Parenting programs available to both mothers
and fathers are unaffected. And by the way, why wouldn't taxpayer dollars
fund programs for single fathers as well as single mothers? Are children
not just as affected? All citizens must be entitled to services regardless
of race or sex.
| Carol
Springer, Yavapai County Supervisor, Prescott |
Proposition
107 mirrors the 1964 Civil Rights Act by making clear that government
in Arizona shall not grant preferential treatment to or discriminate against
any individual or group in the basis of race, sex, color, ethnicity or
national origin in the area of public contracting, public employment or
public education.
Affirmative
action programs are especially insulting to women. Not long ago, women
held all five major elected offices in Arizona -- at the same time! In
fact, the last three governors have been women. Women make up approximately
60% of the nation's college population. The truth is women are competing
and succeeding in Arizona and across the nation, and we don't need the
perception that it was only because of bureaucratic largess that women
get public jobs, contracts or get into our state schools. Let's end this
absurdity together and vote "yes" on Prop 107.
| Sylvia
Allen, State Senator, Snowflake |
VOTE
YES ON PROP 107
I
and most Americans find discrimination against anyone based on such things
as race, gender, national origin to be abhorrent. Certainly the government
of all the people should not engage in such prejudicial practices.
Prop
107 will end discrimination by government at all levels in Arizona based
on race, sex, color, ethnicity or national origin in public employment,
public contracting or public education.
Some
people think that in order to maintain diversity, the government should
have the power to discriminate against some people. But discrimination
and preferential treatment is wrong regardless of the beneficiary or intention.
Government should not favor one group over another in jobs or awarding
contracts. That suggests some people can't win a fair competition. Who
thinks that's right? Certainly not the citizens I know.
When
government treats individuals differently based on such factors as race
or gender , we have a huge problem. If we learn any history lesson, it
should be that no government should have that power.
Prop
107 will guarantee that all people are treated equally, fairly and without
regard to factors such as race and gender, over which they have no control.
Government in Arizona, like Justice, should be blind to those things.
Vote
yes on Prop 107. It's the right thing to do.
| Sal
DiCiccio, Phoenix City Councilman, Phoenix |
In
1964, the landmark U.S. Civil Rights Act became law.
This landmark legislation outlawed discrimination based on race,
color, religion, sex and national origin, making all citizens equal under
the law in all aspects of American commerce.
Long before that, the U.S. Constitution made it clear government
could not discriminate. Government preferring one citizen over another
under a warped notion of diversity sends the message that some discrimination
is okay if the government says it is. This is wrong and dangerous. That's
why, as a member of the State House I voted in 2009 to refer Prop 107
to the ballot.
Proposition
107 would eliminate racial and sex preferences in public education, public
contracting and public hiring. It is straightforward.
The opposition wants Arizonans to believe it hinders progress for
women and minorities. That's
outright false. Proposition 107 mirrors the Civil Rights Act and aims
to end all forms of racial and sex discrimination by constitutionally
banning preferential treatment by government to groups or individuals
based on their race, sex, color, ethnicity or national origin regarding
public employment, education and contracting.
Discrimination in any form is wrong.
When it is practiced by government because
of individual interests, the American ideal of equal applied to all will
never be realized.
It's time for Americans to come together rather than continuing things
that keep us apart.
Please join me in voting yes on Proposition 107.
| Jim
Weiers, State Representative, Phoenix |
EXPAND EQUAL OPPORTUNITY--VOTE YES ON PROPOSITION 107
Some
people believe that adding points to test scores of applicants to public
universities, or awarding public contracts based on race or ethnicity,
is "affirmative action." But it is really discrimination,
and it is wrong.
Not
only that, it doesn't help the people it is intended to help: the most
disadvantaged members of society. My colleague Mark Flatten at the Goldwater
Institute recently exposed a Sky Harbor Airport program that was supposed
to aid disadvantaged businesses, but instead provided lucrative contracts
to politically connected businesses because their owners are members
of specified minority groups. This is not affirmative action, it is
fraud.
True
affirmative action means helping people who have had to overcome disadvantages,
regardless of their race or ethnicity. States such as Florida, Texas,
and California have banned racial preferences, yet have increased opportunities
by rewarding individuals who work hard and overcome obstacles. That
is true affirmative action, and it begins in earnest only when government
no longer has the power to substitute it with racial preferences.
We
have the chance in Arizona to set the standard for equal opportunity.
But we must first get our state and local governments out of the sordid
business of classifying people on the basis of race and ethnicity and
awarding opportunities on that basis. We can do that by voting yes on
Proposition 107.
| Clint
Bolick, Attorney, Phoenix |
"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." How could Proposition 107 be clearer? EVERYONE
should be treated equally. That's why the four of us that had the chance
to refer this to the ballot in 2009, did so heartily -- had the other
been in office then, he would have too!
Proposition
107 mirrors the colorblind language of the 1964 Civil Rights Act by
commanding equal treatment under the law. There are government entities
in Arizona that categorize people by race and based upon such classification
administer preferences to them. For example, the cities of Phoenix and
Tucson have policies that allow minority contractors to bid higher amounts
and still be considered the low bid. How is this justified?... So-called
"enhancing diversity."
Huh?
It is already blatantly unconstitutional for government to
not choose a woman or minority because they are such. So all
these government preferences are saying is women, minorities, people
of color aren't good enough to create a natural, genuine diversity on
the merits. This is not only patronizing and insulting, it is pure bunk.
Proposition
107 only applies to public education, public hiring and public contracting.
The aim is to ensure that all Arizonans are treated equally by the government.
No person should be entitled to "special" programs solely
based on their race or sex.
Arizonans
are fair-minded. The suggestion by the opposition to Proposition 107
that women and minorities cannot be educated or get a job without government
interference is condescending, sexist and racist.
Vote
Yes on Proposition 107 to insist government treat all citizens equally
and fairly.
| Frank
Antenori, State Senator, Tucson |
Al
Melvin, State Senator, Tucson |
David
Gowan, State Representative, Sierra Vista |
| David
Stevens, State Representative, Sierra Vista |
Ted
Vogt, State Representative, Tucson |
|
Once
again Arizona stands poised to set the right example for America. I
implore that you embrace and Vote for the Civil
Rights Initiative to ensure equal opportunity for all. As firefighters
we had to take our case all the way to the Supreme Court to ensure that
our leaders were selected based on their knowledge, skills, and abilities.
The belief that citizens should be reduced to racial statistics is flawed
and only divides people who don't wish to be divided along racial lines.
While
diversity is an important goal, it has become a code word for a quota
system that thrives on mediocrity. Especially in public safety the public
has the right to know that the men and women who serve were selected
fairly and equitably. There are no due overs on the scene of an emergency.
Officials must not only provide appropriate direction to safely mitigate
the incident, they also must ensure that their members are trained and
competent to answer the next alarm. Moreover this initiative leaves
in place all of the protections against discrimination. No one should
be given an unfair advantage. Low expectations are also a form of bigotry
that results in low performance holding individuals back and harming
all races. No one should obtain a position or contract under a cloud
of suspicion it only sets them up for failure. Anyone regardless of
race can succeed in America.
Achievement
is neither limited nor determined by race but by skills, dedication,
commitment, and character. Arizona has an opportunity to ensure equal
opportunity, by voting for "The Civil Rights
Initiative" . Chief Justice Roberts stated "
The Way to Stop Discrimination on the Basis of Race Is to Stop
Discriminating on the Basis of Race ."
| Frank
Ricci, Wallingford, Connecticut |
"We
hold these truths to be self-evident, that all men are created equal..."
So proclaims the Declaration of Independence, America's founding statement
of ideals. Although we would now say "men and women", there
is nothing in these words that could be otherwise improved upon. No
principle comes closer to the heart of what America means, or has contributed
more to our national success.
A
YES vote on Proposition 107 is simply
a reaffirmation of this basic ideal. It gives to every Arizonan assurance
that he or she will be judged solely by virtue of achievement and character,
not color, ancestry, or sex. In so doing, it will spur all to do their
best. It will also prevent politicians and bureaucrats from pitting
group against group, doling out favors to some and withholding them
from others. Social harmony depends on all individuals believing their
rights are held in common, not bestowed on the basis of the accidents
of birth.
The
National Association of Scholars believes that equal treatment is especially
crucial in higher education. A college degree only has value when it
is perceived as having been fairly earned. Moreover, it is as students
that our young men and women come to full knowledge of America's heritage
of rights and freedoms. By making higher education a color- and gender-coded
experience, this comprehension is undermined.
America's
fundamental ideals get renewed each generation through education. Vote
YES on Proposition 107 to ensure that
they are renewed intact.
| Stephen
H. Balch, Chairman, National Association of Scholars, Princeton,
New Jersey |
AAUW Arizona's Argument against Proposition 107
Arizona Civil Rights Referendum
AAUW
(American Association of University Women) Arizona is a non-partisan
organization that works to advance equity for women and girls through
advocacy, education, philanthropy, and research. Throughout Arizona,
AAUW sponsors programs that educate and prepare young women for leadership
roles in their communities and in the state. If the proposed referendum
is adopted it will dismantle Arizona's successful equal opportunities
programs and endanger our state's ability to educate the diverse workforce
needed to attract new businesses and improve our state's economy. Arizona
would be deprived of valuable programs that help girls to prepare for
college, and women to enter math, science and engineering fields, programs
such as YWCA Bright Futures Program; Arizona State University Women
in Science Program (WISE); and the City of Phoenix Teen Parents Program.
Two
years ago this same deceptively-named amendment to the Arizona Constitution
was proposed for Arizona by an out-of-state group that failed to register
a sufficient number of valid signatures for it to appear on the ballot.
Prop 107, more accurately called the "anti-equal opportunity referendum,"
would amend Arizona's Constitution to prohibit equal opportunity programs
in our state. Prop 107 deceptively claims to "level the playing
field," but there is no level playing field in educational programs,
jobs, and businesses where girls, women and people of color are under-represented.
Equal opportunity programs offer the help that they need to achieve
their aspirations and become productive citizens.
AAUW
AZ opposes Prop 107 because of its negative impact, particularly on
women and their families, and on the future of our state. It would be
a giant step backward. We urge you to vote NO.
| Sara
Wolters, President, American Association of University Women Arizona,
Prescott Valley |
Frances
Connors, Recording Secretary, American Association of University
Women Arizona, Scottsdale |
|
Paid for by American
Association of University Women Arizona |
Argument
Against PROP 107
Anti-Equal
Opportunity Initiative
PROP
107, better known as the Anti-Equal Opportunity initiative, will eliminate
important programs that ensure academic success for Arizona's students.
Today's students are the workforce of the future. Without programs that
help students learn study skills, access internships, and prepare for
the workplace, Arizona's students will fall behind.
Passage
of PROP 107 will eliminate many programs that support academic progress
and improved student achievement. Among those programs is WISE (Women
in Science and Engineering), an ASU-sponsored program that supports
women studying math, science, technology, and engineering. WISE provides
extracurricular programs in the field, helps students apply for internships
and jobs, and supports young women through the application process for
graduate programs. Also on the chopping block would be Upward Bound,
a program designed to help college students learn study habits, enroll
in the right classes, and prevent dropouts. Upward Bound will be eliminated
because it is designed for low-income students of color. The Hispanic
Mother-Daughter Program will also be eliminated. This program provides
Hispanic girls in grades 7-12 and their mothers five years of preparation
for college.
Arizona's
diverse student population is served well by these and many other programs
like them. The Arizona Education Association requests that you vote
NO on PROP 107.
| John
Wright, President, Arizona Education Association, Phoenix |
Andrew
Morrill, Vice President, Arizona Education Association, Phoenix |
|
Paid for by AEA Education
Improvement Fund |
PREFERRED
TREATMENT OR DISCRIMINATION PROHIBITION - CON STATEMENT
The
League of Women Voters of Arizona is opposed to Proposition 107, which
would actually be an anti-equal opportunity amendment to the Arizona
Constitution.
The
LWVAZ thinks that everyone in Arizona should have an equal opportunity
to succeed, regardless of race or gender. Furthermore, the LWVAZ thinks
that the passage of this initiative would be bad for Arizona and particularly
for Arizona women and girls.
The
LWVAZ believes that all qualified candidates should get a fair chance
to compete for jobs or obtain an education based on individual merit,
not special connections. Proposition 107 would turn back the clock to
a society of "good old boy" networks where women and people
of color routinely face discrimination.
The
LWVAZ stands for openness and honesty in the political process. We believe
in transparency in all aspects of government, and dislike this overt
effort to confuse voters. The LWVAZ opposes this attempt to dismantle
programs that work today and will continue to do so for Arizona's future.
The
LWVAZ stands united with women and men from across the state to make
our fellow citizens aware of the adverse implications of this proposition
and ask them to vote "NO" on Proposition 107.
| Dr.
Bonnie F. Saunders, President, League of Women Voters of Arizona,
Surprise |
Dr.
Barbara Klein, 1st Vice President, League of Women Voters of Arizona,
Scottsdale |
|
Paid for by League
of Women Voters of Arizona |
Argument
against Referendum 107
Arizona
Civil Rights Initiative
The
title "Arizona Civil Rights Initiative" in and of itself is
deceptive. This effort is managed and funded by out-of-state interests,
spearheaded by California businessman Ward Connerly. It takes away rights
and programs which have served Arizona well in the past and which are
important to an invigorated and forward-thinking Arizona economic future.
The
Connerly anti-equal opportunity initiative will change Arizona's Constitution
to prohibit the state (and local governments, schools and universities)
from offering any type of equal opportunity programs to women and people
of color in Arizona. Among the programs which would be eliminated if
the Connerly Initiative is passed are ASU's Bridges to Biomedical Careers
Program, the Phoenix Teen Parents program, the Commission on the Prevention
of Violence Against Women, the YWCA Bright Futures program, the New
Start Summer program and ASU's Women in Science Education (WISE) program.
The
Greater Phoenix Urban League's mission is about truth and fairness.
The Connerly Initiative is about neither. We request that you vote No
on Referendum 107.
| George
Dean, President & CEO, Greater Phoenix Urban League, Phoenix |
Diana
Gregory, Chair, Board of Directors, Greater Phoenix Urban League,
Phoenix |
|
Paid for by Greater
Phoenix Urban League |
I
am Chairman of the Arizona Civil Rights Advisory Board and our board
opposes the Arizona Civil Rights Referendum. Recently, our board heard
presentations from leaders on both sides of this issue. After careful
consideration of the facts that were presented by both sides, a quorum
of the Arizona Civil Rights Advisory Board voted unanimously in opposition
of the Arizona Civil Rights Referendum.
The
Arizona Civil Rights Board is a politically balanced volunteer body
appointed by the Arizona Governor and authorized under AR.S. §41-1402(A)
to make periodic surveys of the existence and effect of discrimination
in the enjoyment of civil rights by any person within the state of Arizona,
to foster the elimination of discrimination through community effort,
and to issue publications of the results of studies, investigations
and research as in our judgment will tend to promote goodwill and the
elimination of discrimination between persons because of race, color,
religion, sex, age, disability, familial status or national origin.
Referendum
107 amends the Arizona Constitution to eliminate rights and programs
which have served Arizona well, programs which are even more important
today for Arizona's long-term economic future.
"Quotas"
don't exist in Arizona. State employers are already prohibited from
considering race or gender in hiring practices. A person cannot be admitted
or denied admission to any of Arizona's community colleges or universities
based on race or gender in Arizona. The programs we have in place in
Arizona schools today are provided only after students have been accepted
based on academic merit.
Programs
threatened by Referendum 107 include ASU's Bridges to Biomedical Careers
and Women in Science Education Programs, the Phoenix Teen Parents program,
the Commission on the Prevention of Violence against Women and others.
I
urge all Arizonans to vote "No" on the Arizona Civil Rights
Referendum. Thank you.
| Jeff
Lavender, Casa Grande |
Vote No on Prop 107
The
Tucson Hispanic Chamber opposes Prop 107. This proposition will limit
the opportunities for women and minority owned businesses in our state
to win state, county and local procurement contracts.
Pima
County and the City of Tucson recently completed a Disparity Study that
found there is a statistically significant disparity between the utilization
and availability of minority owned firms in many race classifications
when awarding contracts. The study also identified that women and minority
owned firms (MWBE) showed a substantial decline when not able to participate
in MWBE goals programs in other states.
All
firms should receive an equal opportunity to compete for contracts.
The existing preferential point system is a necessity for MWBE firms.
The aforementioned study found that MWBE firms may lack key procurement
business relationships and consequently be left off of preferred vendor
lists without such a system. Without a MWBE goal program the usage of
such firms would be drastically reduced. Our state still needs to improve
- the study found that during a five-year period, MWBE firms received
only 9.8% of all contracts in the general equipment and supplies category.
The passing of Prop 107 will further limit opportunities for our over
50,000 Hispanic owned firms and other MWBE firms in our State.
Our
business community is also concerned that the passing of such legislation
will drastically affect the recruitment and retention of Hispanic and
other ethnic minority students at the University of Arizona, Arizona
State University and Northern Arizona University. Our state cannot afford
the additional negative publicity that this bill will bring especially
after the passing of SB1070 and the ethnic studies bill.
Please
vote no on Prop 107.
| Lea
Marquez Peterson, President, Tucson Hispanic Chamber of Commerce,
Tucson |
Bill
Holmes, Past Chairman of the Board, Tucson Hispanic Chamber, Tucson |
|
Paid for by Tucson
Hispanic Chamber of Commerce |
Oppose
Proposition 107 and Protect the Public's Health
The
Arizona Public Health Association (AzPHA) strongly opposes Proposition
107 as it will further increase health disparities in Arizona. Although
the overall health of the population has improved, racial and ethnic
minorities generally experience higher rates of preventable illness
and death than non-minorities. For example, American Indians disproportionately
die from diabetes, liver disease, and unintentional injuries; Hispanic
Americans are almost twice as likely as non-Hispanic whites to die from
diabetes; and, some Asian-American subpopulations experience rates of
stomach, liver and cervical cancers that are well above national averages.
This proposition will prevent minorities from receiving the prevention
and treatment they need. It will also prevent organizations from receiving
grants that focus on helping such populations. This one size fits all
approach will not improve the public's health, but will instead cause
further health disparities.
Please
Vote NO on Proposition 107 and Protect the Public's Health.
The Voice of Public Health
| Jennifer
Bonnett, Executive Director, Arizona Public Health Association,
Phoenix |
Ellen
Owens Summo, President Elect, Arizona Public Health Association,
Phoenix |
|
Paid for by Arizona
Public Health Association |
NO on PROP 107.
-
PROP 107 is built on fraud and deception.
The
deceivingly positive naming of PROP 107 as the "Arizona Civil Rights
Amendment" and its false promises of equality are intended to mislead
the voting public. PROP 107 has nothing to do with the improvement or
furtherance of civil rights. In fact, it will have serious, long-term,
negative effects in this state. Moreover, its original proponent is
not an Arizona resident. Instead of seeking what is best for this state,
he is using Arizona to further a strictly personal agenda that greatly
benefits him financially. Across the nation, when this same proponent
presented a similar initiative, he received support from the Ku Klux
Klan. That endorsement speaks loudly about where PROP 107 can be expected
to take the state. PROP 107 is very plainly a wolf in sheep's clothing.
-
The damage forecasted for Arizona from PROP 107 is irreparable.
Though
initially presented as being positive, similar measures across the United
States have had a devastating impact on their communities once passed
into law. Most significantly, they have returned access to business,
education, and employment opportunities to a "good ol' boys"
network. With women and minorities collectively
making up almost 75% of the population in Arizona, PROP 107 will negatively
affect the everyday lives of a substantial majority of Arizona's citizens.
In
Arizona, diversity is important to attracting the best companies and
the highest paying jobs for all citizens. Large, successful, multinational
companies recognize the need to have a dynamic and diverse workforce.
Should PROP 107 become law in this state, our reputation as a state
unfriendly to diversity will highly discourage new businesses and investment
from coming to Arizona at a time when that is exactly what is needed.
NO on PROP 107.
| Salvador
Ongaro, President, Los Abogados Hispanic Bar Association, Tempe |
Margarita
Silva, Recording Secretary, Los Abogados Hispanic Bar Association,
Phoenix |
|
Paid for by Los Abogados
Hispanic Bar Association |
Proposition
107, the misnamed "Arizona Civil Rights Initiative," was initiated
by an outsider group and does not address the current needs, problems,
and values of Arizonans. Arizona's community colleges and universities
serve all Arizonans and boast a diverse student population in terms
of race, ethnicity, gender, and socio-economic backgrounds. Successful
outreach and retention programs at Arizona's community colleges and
universities help produce this diversity, while complying with existing
federal and state civil rights laws that protect all Arizonans. Recruitment
programs reach under-represented groups to inform them of educational
opportunities in the state, familiarize them with financial aid options,
and help them prepare for college-level work. Once enrolled, students
benefit from academic support programs offered in a student-friendly
and culturally-sensitive environment. Proposition 107 is an overbroad
measure that would change our state laws unnecessarily, and in ways
that may jeopardize these locally grown programs, with no off-setting
advantage for our state. For example, the University of Arizona's nationally
respected Women in Science and Engineering Program (WISE) would be affected
adversely. Established in 1976, WISE motivates girls and women to enter
careers in science, engineering, mathematics, and technology where they
are very under-represented. Through academic training, mentoring, internships,
and scholarships, WISE improves the lives of many girls from middle
school and beyond. Recruitment, "pipeline," and retention
programs such as WISE help address existing inequalities in ways that
benefit all Arizonans. In 2009, over 38,000 students were enrolled at
the University of Arizona, and of that number 52% were female, and 30.4%
were minority. This balance reflects our state demographics and could
change if Proposition 107 becomes part of the Arizona Constitution.
Voters should reject Proposition 107 because it would place many worthy
programs at risk--lawful programs that address existing inequalities
while promoting the best interests of all Arizonans.
| Barbara
A. Atwood, Tucson |
Toni
M. Massaro, Tucson |
Jane
B. Korn, Tucson |
Arizona
NOW is opposed to Prop 107. This initiative is not about protecting
civil rights or ending discrimination as claimed, but is designed to
end all programs intended to achieve equal opportunity for women and
minorities.
The
National Organization for Women is dedicated to achieving equality of
treatment, equality of opportunity, and equal pay for women. Historically,
women and minorities have been denied the right to vote, property rights,
and access to higher education. They were passed over in hiring and
promotion and consigned to low-paying, dead-end jobs that resulted in
much higher rates of poverty. Things are better now, but we have not
yet overcome the many generations of discrimination. Women in Arizona
still make only 77 cents for every dollar made by a man in a similar
job. They are still more likely to live in poverty and to lack basic
necessities such as health insurance.
Prop
107, promoted by wealthy out-of-state interests seeking to make us a
national test case, would end all state programs that try to improve
this situation. We would no longer be able to fund programs that seek
to prevent violence against women. We could no longer encourage women
and minority-owned business to compete for state contracts. We could
no longer encourage and support women students seeking to enter the
high-paying (and economically vital) fields of science and engineering.
Denying
equal opportunity to a large segment of our population weakens our entire
society and makes all of us poorer. Vote NO on
Prop 107 .
| Eric
Ehst, Policy Coordinator (President), Arizona National Organization
for Women, Phoenix |
Karen
Van Hooft, Political Action Coordinator (Vice President), Arizona
National Organization for Women, Scottsdale |
|
Paid for by Phoenix-Scottsdale
Chapter National Organization for Women |
Arizona
Women's Political Caucus and it's Chapters' Argument Against PROP 107
Arizona Civil Rights Initiative,
The
Arizona Women's Political Caucus (AWPC), and its chapters in Tucson
and the Greater Phoenix areas, work to help women attain leadership
positions at all levels of government, improve the status of all Arizona
women and educate and train young women to assume leadership roles in
the future. PROP 107, the so-called "Arizona Civil Rights Initiative,"
is counter to AWPC principles and the progress made for women and girls
in Arizona today. AWPC opposes this out-of-state effort to dismantle
Arizona's effective equal opportunity programs.
PROP
107, more accurately called the "Connerly anti-equal opportunity
initiative," will amend Arizona's Constitution to eliminate equal
opportunity programs in our state. If the Connerly Initiative passes,
Arizona will lose highly valued programs that help women who are victims
of domestic violence, women who are single mothers trying to get off
welfare, women who need assistance preparing for college or women in
math, science, and engineering programs. Some specific programs at risk
if the Connerly anti-equal opportunity initiative passes are: the Commission
on Prevention of Violence Against Women, the Phoenix Teen Parents program,
the YWCA Bright Futures Program, the Commission on Healthy Women and
Families, the New Start Summer program and the Women in Science and
Engineering Education program.
PROP
107 would be a giant step backward for women, girls and people of color
in Arizona. It is bad for Arizona's future. We respectfully request
your NO vote.
| Becky
Gaspar, President, Arizona Women's Political Caucus and its Chapters,
Phoenix |
Eleanor
Eisenberg, President, Arizona Women's Political Caucus, GP Chapter,
Phoenix |
|
Paid for by Arizona
Women's Political Caucus |
Against
Proposition 107
Proposition
107 would make equal opportunity illegal in Arizona, eliminating current
educational, employment and contracting programs that help people of
color and all women succeed. The sponsors of this bill have themselves
identified many ways in which communities in Arizona will be harmed
if the measure becomes law. Many of the programs potentially at risk
from this anti-opportunity proposition are outside of the areas traditionally
considered subjects of equal opportunity.
For
example: Proposition 107 would eliminate programs designed to encourage
girls interested in math and science to pursue careers in those fields
and scholarships targeted to encourage people of color to enter medical
careers in underserved communities, or to become K-12 teachers.
From
1996 to 2006, after the passage of a similar proposition in California,
the number of underrepresented minority freshman in the entering class
at the University of California fell 65%. At UCLA, the drop in minority
enrollment in the freshman class during that same decade was 45%. The
declining rates came at the same time that the population of the state
is increasingly diverse.
Significant
harm could also occur to contracting opportunities for people of color
and women in Arizona. For example, data from Grand Rapids, Michigan
(after implementation of a similar measure) show construction project
dollars going to minority-owned business enterprises (MBEs) declined
by 45% and the amount going to women-owned business enterprises (WBEs)
dropped by 70%.
The
effort to end equality and opportunity programs is bound to damage the
economic status of women and people of color and undermine growth of
our communities. Helping to strengthen communities helps us all, because
we're all in this together. When communities fail, they become a public
burden - but when they succeed, it's a public benefit.
| Miguel
Zazueta, Treasurer, WE CAN! The Equality and Opportunity Committee
Opposing Prop 107, Tucson |
|
Paid for by WE CAN!
The Equality and Opportunity Committee Opposing Prop 107 |
Vote
No on PROP 107
Phoenix,
the fifth largest city in the country, is a city that is recognized
around the world for achieving great things. The City of Phoenix values
and respects the diversity of our residents, our employees and all people.
Phoenix is a city that is proud to solve problems and find solutions
when problems exist. PROP 107 is an out-of-state "solution"
looking for a problem that does not exist in Arizona. As the Mayor of
the City of Phoenix I oppose the Connerly initiative.
The
Connerly anti-equal opportunity initiative would eliminate City and
State programs that are key to a stronger Phoenix and a stronger Arizona.
Top among the programs scheduled to be eliminated are educational opportunity
programs which prepare a diverse group of emerging leaders to take us
into the Arizona of the future. It's time to look forward, not back.
In
addition to educational diversity programs, the Connerly anti-equal
opportunity initiative would eliminate important programs which are
important to the citizens of Phoenix including:
- the
Phoenix Teen Parents Program to help
teen mothers learn work skills to get off welfare;
- Phoenix
Domestic Violence Prevention programs;
- the
Phoenix Women's Commission which addresses
economic, political and social concerns and challenges facing all
women today;
-
Phoenix programs to assist young people of color with basic needs
to attend school and their families with information about
domestic violence, education, nutrition and finance.
I
urge my fellow Arizonans to vote no on PROP 107 and its outsider politics
of division and deception. Together we can accomplish great things.
| Phil
Gordon, Mayor, City of Phoenix, Phoenix |
Don't
be fooled by the wording of Prop.107! Its' deceptive legal jargon may
sound appealing to many, though as you peel the layers of the onion,
you will find the TRUTH. Prop. 107 will wipe out important programs
originally mandated by the Civil Rights Act of 1964 designed for Women,
Minorities and the Disabled. Prop.107 is sponsored by the same "Stormfront
Fringe Movement" who sponsored SB1070 and the banning of the Ethnic
Studies Program. Proponents of Prop. 107 are eternally dedicated to
reversing the positive changes implemented by the Civil Rights Movement
that Martin Luther King, Cesar Chavez and John F. Kennedy and millions
of others fought and have lost their lives for.
Looking
at Prop.107's previous passage in other states, such as CA, we can expect
the passage of Proposition 107 to have lasting negative effects in AZ.
Diversity in our state schools will disappear. Our state universities,
which are responsible for a significant portion of our state economy,
will experience a sharp drop in applications from in-state and out-of-state
students, particularly from students fearing a racially intolerant climate
in Arizona (as we have already seen happen to The University of Arizona
in response to the passage of SB 1070). Federal funding awarded to the
state specifically for the purposes of increasing racial diversity in
public schools and the private sector may disappear. Gender and ethnic
studies programs at our universities - such as Women Studies, Chicano
Studies, African-American Studies, Native-American Studies and Asian
Pacific American Studies - may cease to exist. In short, Arizona stands
to lose a lot of state money, a return to the segregation days of the
1960's, and lessens the chances for Women and Minorities to achieve
EQUALITY and attain the American Dream. Vote No on Prop.107!
Proposition
107 is not a Civil Rights Amendment for Arizona
This
deceptively named measure would stop any efforts by Arizona's governmental
entities to reduce racial and gender bias. Although progress has been
made, Arizona needs more diversity in its government offices, corporate
boardrooms and University graduation classes to better reflect the state's
true demographics. Sometimes people need incentives to do what is right.
Without programs of equal opportunity in place, it will be too easy
to fall back on the exclusionary practices of the past.
Proposition
107 pretends to be something it is not. Don't be fooled. Vote no.
| Ann
Wallack, Chair, Maricopa County Democratic Party, Phoenix |
PROPOSITION
107 ~ BALLOT FORMAT
|
| PROPOSED
AMENDMENT TO THE CONSTITUTION BY THE LEGISLATURE RELATING TO PREFERENTIAL
TREATMENT OR DISCRIMINATION PROHIBITION [HCR 2019] |
|
proposing an amendment to the Constitution of Arizona; amending
article II, by adding section 36, Constitution of Arizona; relating
to preferential treatment or discrimination prohibition.
|
|
PROHIBITS
THE STATE FROM GRANTING PREFERENTIAL TREATMENT TO OR DISCRIMINATING
AGAINST ANY PERSON OR GROUP ON THE BASIS OF RACE, SEX, COLOR,
ETHNICITY OR NATIONAL ORIGIN; EXEMPTS REASONABLY NECESSARY QUALIFICATIONS
BASED ON SEX, EXISTING COURT ORDERS AND ACTIONS THAT WOULD RESULT
IN THE LOSS OF FEDERAL FUNDS. |
| |
|
| A
"yes" vote shall have the effect of prohibiting the
State from giving preferential treatment to or discriminating
against any person or group on the basis of race, sex, color,
ethnicity or national origin. The prohibition applies to preferences
or discrimination in public employment, education or contracting.
It exempts reasonably necessary qualifications based on sex, existing
court orders and actions that would result in the loss of federal
funds. The State includes state government, local governments,
public colleges and universities, community colleges and school
districts. |
YES |
| A
"no" vote shall have the effect of retaining the current
law regarding preferential treatment to or discrimination against
any person or group on the basis of race, sex, color, ethnicity
or national origin in public employment, education or contracting. |
NO |
The Ballot Format displayed in
HTML reflects only the text of the Ballot Proposition and does not
reflect how it will appear on the General Election Ballot.
Spelling, grammar, and punctuation were reproduced as submitted in the "for" and "against" arguments.
KEN BENNETT
Arizona Secretary of State |
|
© August
2010 |
|