If enacted, ACA7 would impact the existing legal framework established under Proposition 209 by narrowing the scope of non-discrimination claims against state actions. Currently, state entities are broadly prohibited from engaging in any discriminatory practices based on the aforementioned characteristics in all areas of public employment, education, and contracting. The amendment would allow for more flexibility in how government agencies can consider these factors in specific contexts, potentially altering how diversity initiatives and affirmative actions are implemented across California’s state institutions.
Assembly Constitutional Amendment No. 7 (ACA7), introduced by Assembly Member Jackson, seeks to amend the California Constitution by modifying the language surrounding government preferences as initially established in Proposition 209. This amendment specifically aims to limit the prohibition against discrimination and preferential treatment based on race, sex, color, ethnicity, or national origin, focusing it solely on public employment, higher education enrollment, and public contracting. The proposed changes would significantly refine the current legal parameters by which state entities operate regarding affirmative action.
The proposed amendment has sparked a debate regarding the role of affirmative action in California. Proponents argue that it allows state agencies to better tailor their hiring practices and educational access programs to rectify historical inequalities. Critics, however, assert that this could lead to reverse discrimination, arguing that the constitutional change undermines the gains made through previous prohibitions. The contentious nature of race and gender-based preferences in government actions suggests that this amendment could provoke significant political and social discussions regarding equity and justice in California.