CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Constitutional Amendment No. 7Introduced by Assembly Member JacksonFebruary 13, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 31 of Article 1 thereof, relating to government preferences. LEGISLATIVE COUNSEL'S DIGESTACA 7, as introduced, Jackson. Government preferences.The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, 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, as specified. This measure would, instead, limit the above prohibition to the operation of public employment, higher education enrollment, and public contracting.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextResolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202526 Regular Session commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows: That Section 31 of Article I thereof is amended to read:SEC. 31. (a) The State shall not discriminate against, or grant 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, higher education enrollment, or public contracting.(b) This section shall apply only to action taken after the sections effective date. date and is limited to the areas of public employment, higher education enrollment, and public contracting.(c) Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, higher education enrollment, or public contracting.(d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.(e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.(f) For the purposes of this section, State shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.(g) The remedies available for violations of this section shall be the same, regardless of the injured partys race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Constitutional Amendment No. 7Introduced by Assembly Member JacksonFebruary 13, 2025 A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 31 of Article 1 thereof, relating to government preferences. LEGISLATIVE COUNSEL'S DIGESTACA 7, as introduced, Jackson. Government preferences.The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, 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, as specified. This measure would, instead, limit the above prohibition to the operation of public employment, higher education enrollment, and public contracting.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Constitutional Amendment
No. 7
Introduced by Assembly Member JacksonFebruary 13, 2025
Introduced by Assembly Member Jackson
February 13, 2025
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 31 of Article 1 thereof, relating to government preferences.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
ACA 7, as introduced, Jackson. Government preferences.
The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, 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, as specified. This measure would, instead, limit the above prohibition to the operation of public employment, higher education enrollment, and public contracting.
The California Constitution, pursuant to provisions enacted by the Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election, 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, as specified.
This measure would, instead, limit the above prohibition to the operation of public employment, higher education enrollment, and public contracting.
## Digest Key
## Bill Text
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 202526 Regular Session commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
That Section 31 of Article I thereof is amended to read:SEC. 31. (a) The State shall not discriminate against, or grant 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, higher education enrollment, or public contracting.(b) This section shall apply only to action taken after the sections effective date. date and is limited to the areas of public employment, higher education enrollment, and public contracting.(c) Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, higher education enrollment, or public contracting.(d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.(e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.(f) For the purposes of this section, State shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.(g) The remedies available for violations of this section shall be the same, regardless of the injured partys race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
That Section 31 of Article I thereof is amended to read:
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SEC. 31. (a) The State shall not discriminate against, or grant 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, higher education enrollment, or public contracting.(b) This section shall apply only to action taken after the sections effective date. date and is limited to the areas of public employment, higher education enrollment, and public contracting.(c) Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, higher education enrollment, or public contracting.(d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.(e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.(f) For the purposes of this section, State shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.(g) The remedies available for violations of this section shall be the same, regardless of the injured partys race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
SEC. 31. (a) The State shall not discriminate against, or grant 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, higher education enrollment, or public contracting.(b) This section shall apply only to action taken after the sections effective date. date and is limited to the areas of public employment, higher education enrollment, and public contracting.(c) Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, higher education enrollment, or public contracting.(d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.(e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.(f) For the purposes of this section, State shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.(g) The remedies available for violations of this section shall be the same, regardless of the injured partys race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
SEC. 31. (a) The State shall not discriminate against, or grant 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, higher education enrollment, or public contracting.(b) This section shall apply only to action taken after the sections effective date. date and is limited to the areas of public employment, higher education enrollment, and public contracting.(c) Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, higher education enrollment, or public contracting.(d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.(e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.(f) For the purposes of this section, State shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.(g) The remedies available for violations of this section shall be the same, regardless of the injured partys race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
SEC. 31. (a) The State shall not discriminate against, or grant 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, higher education enrollment, or public contracting.
(b) This section shall apply only to action taken after the sections effective date. date and is limited to the areas of public employment, higher education enrollment, and public contracting.
(c) Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, higher education enrollment, or public contracting.
(d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.
(e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.
(f) For the purposes of this section, State shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.
(g) The remedies available for violations of this section shall be the same, regardless of the injured partys race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.
(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.