ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: February 14, 2023
SUBJECT: Strike everything amendment to S.C.R. 1024, relating to ideologies; prohibition
Purpose
Subject to voter approval, constitutionally prohibits the state from compelling an individual
to endorse giving preferential treatment on the basis of race or ethnicity as a condition of any
hiring, promotion or contracting decision.
Background
The Fourteenth Amendment to the U.S. Constitution deems all persons who are born or
naturalized in the United States and subject to U.S. jurisdiction to be citizens of the United States
and their state of residence. A state may not: 1) make or enforce a law abridging the privileges or
immunities of a U.S. citizen; 2) deprive a person of life, liberty or property without due process of
law; or 3) deny a person within its jurisdiction the equal protection of law. The Fourteenth
Amendment also includes a requirement to reduce a state's apportionment of representatives for
denying certain persons the right to vote and a prohibition against certain officials who have
engaged in insurrection or rebellion holding office. Congress has the power to enforce the
provisions by appropriate legislation (U.S. Const. amend. XIV). Title VI of the federal Civil Rights
Act of 1964 prohibits a person from being excluded from participation in, denied the benefits of
or subjected to discrimination under any program or activity receiving federal financial assistance
based on race, color or national origin (P.L. 88-352, 88th Congress, 1964).
The State of Arizona may not grant preferential treatment to or discriminate against any
individual or group on the basis of race, sex, color, ethnicity or national origin in relation to public
employment, education or contracts. The Arizona Constitution does not prohibit: 1) bona fide
qualifications based on sex that are reasonably necessary for the normal operation of public
employment, education or contracting; 2) any 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
Arizona; and 3) invalidating any court order or consent decree that is in force (Ariz. Const. art 2 ยง
36).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits the state from compelling an applicant, employee or contractor to endorse giving
preferential treatment to or discriminating against an individual on the basis of race or
ethnicity, as a condition of any hiring, promotion or contracting decision.
ANNA NGUYEN
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
S.C.R. 1024
Page 2
2. Prohibits the state, under any circumstance, from disadvantaging or treating an individual
differently on the basis of race or ethnicity, from a pool of applicants, students, employees or
contract recipients when making a hiring, contracting, promotion or admission decision.
3. Limits, for an action relating to treatment on the basis of race or ethnicity, including affirmative
action, the action to outreach, advertising or communication efforts that do not modify any
formal application criteria or evaluation.
4. Prohibits the state from implementing a disciplinary policy or action that treats an individual
student or group of students differently on account of race or ethnicity.
5. Prohibits the access to services, facilities or grounds of the state from being conditioned on the
race or ethnicity of an individual or group of individuals.
6. Declares that the State of Arizona deems any requirement that the state practice racial
discrimination, except in accordance with the exemption for outreach, advertising or
communication efforts necessary for federal program eligibility, to be:
a) inconsistent with the Fourteenth Amendment of the U.S. Constitution; and
b) subject to the prohibition on the state and its political subdivisions using personnel or
financial resources to enforce, administer or cooperate with the designated federal action or
program.
7. Specifies that the prohibition relating to treatment on the basis of race or ethnicity does not
prohibit qualifications based on tribal membership as part of a program that serves members
of Indian tribes.
8. Includes, in the act of compelling an applicant, employee or contractor to endorse giving
preferential treatment or discriminating on the basis of race or ethnicity:
a) requiring or soliciting a written or oral statement in support of any theory or practice that
advocates for the differential treatment of individuals based on race or ethnicity and any
formulation of diversity, equity, inclusion or intersectionality, beyond upholding the equal
protection of the laws as outlined;
b) requiring or soliciting an individual to confess race-based privilege or discuss his or her
race or ethnicity of review on or experience with race or the ethnicity of others; and
c) giving preferable consideration to an individual for opinions expressed or actions taken in
support of another individual in which the institution's consideration is based on the race
or ethnicity of others.
9. Specifies that the prohibition relating to treatment on the basis of race or ethnicity does not
prevent the state from requiring applicants, employees or contractors to:
a) disclose or discuss the content of their scholarly research or creative works;
b) certify compliance with state and federal anti-discrimination law; and
c) discuss services, pedagogical approaches or experience with students or individuals with
mental or physical disabilities.
10. Specifies that the prohibition relating to treatment on the basis of race or ethnicity does not
prevent an applicant or employee from providing the outlined information on their own
initiative. STRIKER MEMO
S.C.R. 1024
Page 3
11. Requires the Secretary of State to submit the proposition to the voters at the next general
election.
12. Becomes effective if approved by the voters and on proclamation of the Governor.