ACA 7: Government preferences: programs: exceptions.

The California Constitution, pursuant to provisions enacted by the initiative Proposition 209 in 1996, prohibits 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. The California Constitution defines the state for these purposes to include the state, any city, county, public university system, community college district, school district, special district, or any other political subdivision or governmental instrumentality of, or within, the state.

This measure would instead prohibit the state from harmfully 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 or public education, except as provided. The measure would provide that, subject to approval by the Governor pursuant to specified procedures, the state except as specified, a state agency or a local agency may use state moneys to fund research-based, or research-informed, research-based or research-informed and culturally specific programs in any industry if certain conditions are satisfied, including that those programs are established or otherwise implemented by the state for purposes of increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations. eliminating legal barriers to the creation of equality and equitable outcomes for all residents of the state in a specified manner. The measure would define various terms for these purposes.