User:Htorresm/Proposition 209

History[edit]

Context

The controversy pertaining to affirmative action in California can most notably be traced back to the historic Supreme Court case Regents of the University of California v. Bakke. There were two major decisions from the case that still stand today. Firstly, the quota system that was once used by the University of California, Davis’ admission process for minority students was ruled unlawful. Secondly, higher-level academic institutions were now prohibited from considering race in the admissions process. The ruling determined in Bakke acted as “a catalyst for voluntary affirmative action programs.” Researchers suggest that the development of such programs for the sake of increasing campus diversity explains the controversy surrounding the implementation of Proposition 209 and Bakke marks the origination of affirmative action debates. Consequently, judiciaries and politicians have since devoted efforts to reinterpreting affirmative action, its related practices, and consequences for students. There are concerns as to whether institutions’ affirmative action efforts insinuate preferential treatment in both the admissions and financial aid process.  

Origins

The political campaign to place the language of CCRI on the California ballot as a constitutional amendment was initiated by Joe Gelman (president of the Board of Civil Service Commissioners of the City of Los Angeles), Arnold Steinberg (a pollster and political strategist) and Larry Arnn (president of the Claremont Institute). It was later endorsed by Governor Pete Wilson and supported and funded by the California Civil Rights Initiative Campaign, led by University of California Regent Ward Connerly, a Wilson ally. A key co-chair of the campaign was law professor Gail Heriot, who served as a member of the United States Commission on Civil Rights. The initiative was opposed by affirmative action advocates and traditional civil rights and feminist organizations on the left side of the political spectrum. Proposition 209 was voted into law on November 5, 1996, with 55 percent of the vote, and has withstood legal scrutiny ever since.

Attempted Revision

On December 3, 2012, California State Senator Edward Hernandez introduced California Senate Constitutional Amendment No.5 (SCA-5) in the State Senate. This initiative proposed an amendment to the state constitution to remove provisions of California Proposition 209 related to public post-secondary education, to permit state universities to consider applicants' race, gender, color, ethnicity, or national origin in admission decisions. SCA-5 was passed by the California State Senate on January 30, 2014. However, following resistance from various citizen groups, including Asian American groups, Senator Hernandez withdrew his measure from consideration.

National Impact

In November 2006, a similar amendment modeled on California's Proposition 209 was passed in Michigan, titled the Michigan Civil Rights Initiative. The constitutionality of the Michigan Civil Rights Initiative was challenged in the 6th Circuit Court of Appeals. The case, Schuette v. Coalition to Defend Affirmative Action, made its way to the United States Supreme Court. On April 22, 2014, the US Supreme Court ruled 6-2 that the Michigan Civil Rights Initiative is constitutional, and that states had the right to ban the practice of racial and gender preferences/affirmative action if they chose to do so through the electoral process.

Effect on enrollment and graduation rates

Since the passage of Proposition 209, University of California schools have posted higher graduation rates, leading opponents of affirmative action to suggest a causal link between Proposition 209 and a better-prepared student body. African American graduation rates at the University of California, Berkeley increased by 6.5 percent, and rose even more dramatically, from 26 percent to 52 percent, at the University of California, San Diego.

Chicano/Latino enrollment percentage, after several years of decreases, dramatically increased from the lowest 11.3% in 1998 to 20.7% in 2010. In contrast, White enrollment percentage, after achieving a high of 40.2% in 1997, decreased significantly to 26.8% in 2010.

It should be noted that the percentage of Latinx students admitted to the UC system as of 2007 exceeded the Proposition 209 level; however, this is a reflection of the increase in the Latinx population in the state of California.

The acceptance rate, or yield rate, is about the number of students who accepted their admission offer. Asian American acceptance rates are much higher than other ethnic groups.

Researchers found enrollment for Native American students beginning in 1997 through 2006 declined by 38% cumulatively and unlike other ethnic groups has not increased since.