"Even before Proposition 209, both race- and gender-conscious state affirmative action programs were required to satisfy rigorous constitutional scrutiny," said the brief, noting that programs must respond to historic or on-going exclusion from programs.
States are free to decide the fate of state affirmative action programs, the justice department said, but Proposition 209 "does: more than simply repeal its existing affirmative action programs.... It also effectively limits the access of minorities and women--the primary beneficiaries of affirmative action--to the levers of government."
The proposal also violates the equal protection clause of the 14th Amendment by creating obstacles for minorities and women who want to overcome discrimination, the brief stated.
By filing a friend-of-the-court brief, the Justice Department formally outlined the Clinton administration's opposition to the ballot initiative. However, the department's action does not make it an actual party in the upcoming court case.
COPYRIGHT 1997 Cox, Matthews & Associates
COPYRIGHT 2004 Gale Group
© Copyright 2005 by DiverseEducation.com
