What is California ACA 7, and how does it fit into the state’s history of legislative activity on affirmative action? Check out ACA 7’s summary using Plural’s AI Bill Summarizer.
As California’s legislature wraps up its legislative session, many will monitor ACA 7. If the bill passes, Californians will soon find themselves voting on a referendum related to affirmative action. Californians have voted on two affirmative action-related referendums in five years, and three since 1995. Affirmative action remains a politically charged issue across the country. As such, ACA 7 has received significant attention from supporters and opponents alike. Below we examine ACA 7, how it relates to previous actions on affirmative action, and what might come next.
The Context Behind ACA 7
Assembly Member Corey Jackson proposed ACA 7 as a constitutional amendment. California requires a two-thirds majority in each legislative chamber to pass a constitutional amendment. Afterwards, the proposed amendment is voted on in the next statewide election.
ACA 7 seeks to amend a section of the state Constitution established by an amendment in 1996. At the time, 55% of voters supported the amendment, known as Proposition 209. After the successful vote, Proposition 209 was added as Section 31 to the state Constitution. Section 31 prevents discrimination or preferential treatment on the basis of race, sex, color, ethnicity, or national origin. It pertains to employment, education, and contracting.
In 2020, California legislators sought to repeal Proposition 209 in a state-wide vote. 57% of voters rejected this effort, Proposition 16 (ACA 5).
What Does ACA 7 Propose? California ACA 7 Summary
We utilized Plural’s AI Bill Summarizer to gain greater insight into how ACA 7 fits into the history of affirmative action legislation in California. The Bill Summarizer distills hundreds of words to provide the following summary for ACA 7:
The bill is proposing an amendment to Section 31 of Article I of the California Constitution. The amendment would:
- Prohibit the state from discriminating against or granting preferential treatment to any individual or group based on race, sex, color, ethnicity or national origin in public employment, education or contracting, except:
- Allow the state to utilize state funds for research-based interventions or programs targeted at specific ethnic groups or marginalized genders to improve health, education or poverty outcomes. These programs would need approval from the Governor.
- Clarify that the amendment does not prohibit bona fide qualifications based on sex that are reasonably necessary for public employment, education or contracting.
- State that the amendment does not invalidate any existing court orders or consent decrees.
- Specify that the amendment does not prohibit any action needed to maintain eligibility for federal funding.
- Define “state” and “state moneys”.
- Require that remedies for violations provide equal treatment regardless of race, sex, color, ethnicity or national origin.
- Make the amendment self-executing but severable if any part is found in conflict with federal law.
Contextualizing California ACA 7 Summary
As we can see, ACA 7 differs from Proposition 16 in that it attempts to amend Section 31, rather than repealing it. ACA 7 would maintain Section 31’s ban on discrimination and preferential treatment. However, health, education, and poverty programs targeted at specific ethnic groups or marginalized genders would be exempt from the ban set forth by Section 31.
Proponents of ACA 7, including Assembly Member Jackson, argue that this exemption is necessary. Without it, programs that target marginalized groups may not exist. Disparities in education, housing, wealth, employment, and healthcare are cited as evidence of the need for change.
Meanwhile, opponents maintain that there is a lack of public support for affirmative action. They point to the 1996 and 2020 Propositions as evidence that Californians have consistently rejected affirmative action.
What’s Next for ACA 7?
ACA 7 passed out of the Assembly in September of 2023. The Senate will consider it at some point in 2024. Any action on the bill will draw significant attention from both supporters and opponents of affirmative action. If approved by the Senate, ACA 7 could go before voters for approval in November of 2024.
Get Started With Plural
Plural is the policy tracking and legislative intelligence tool of choice for dynamic policy, government relations, and nonprofit teams working in California. Our revolutionary AI Bill Summarizer helps teams save time, get key information, and skyrocket effectiveness. Interested in getting started? Request a demo today!
