State rep. proposes Prop. 209 legislation

Amidst controversy surrounding a lawsuit filed last week against the University for its affirmative action programs, a state legislator is aiming to completely eliminate all affirmative action programs in the state by proposing a bill similar to California's Proposition 209.

State Rep. David Jaye (R-Macomb) proposed an amendment to the Michigan constitution that would make any policy that grants preference based on race, gender or religion illegal.

If this bill, which is waiting for a hearing in the Constitutional and Civil Rights committee, is passed by the Legislature, it would need to be approved by a voter referendum to go into effect because it is a constitutional amendment.

"My bill is based on the 14th Amendment, the Civil Rights Act, and Proposition 209," Jaye said.

The only difference between Jaye's amendment and Proposition 209 is that Jaye's bill not only would apply to public entities, but it also targets affirmative action in the private sector.

"It says it is illegal to discriminate against people or give preferential treatment not only in the public sector, but also in the private sector," Jaye said.

Some legal experts said the bill does not have logical intentions.

"The whole argument he is presenting is that whites are being discriminated against," said Wayne State University constitutional law Prof. Robert Sedler. "I find that very hard to believe."

Robert Destro, a law professor at the Catholic University of America, said that continuing affirmative action programs is a violation of the Civil Rights Act of 1964, and legislation such as Jaye's would help clarify the legality.

"The argument that affirmative action is justified says that it is illegal, but we're doing it anyway," Destro said.

Because current circuit court cases conflict with one another and the Supreme Court has not offered a firm ruling on affirmative action, Destro said it is up to legislators to regulate the programs.

"I don't think the court can ever truly lay down a rule," Destro said. "What we really need is some leadership from our political and civil rights leaders."

Some California state legislators said that after Proposition 209 passed last November, there were many negative results in higher education.

"Proposition 209 resulted in fewer minorities applying to graduate schools," said California Assembly member Jack Scott (D-Pasadena), a member of the assembly's Higher Education committee and former president of Pasadena City College. "The minority enrollment numbers have markedly decreased."

Jaye said in addition to fighting minority preferences in higher education, his proposed amendment will eliminate employment discrimination because it targets the private sector.

"The Big Three automakers are extremists in granting minority preferences," he said. "It's absolutely essential that my legislation focus on both sectors."

Chuck Licari, a General Motors spokesperson, said GM considers many aspects to achieve diversity when hiring employees. Those aspects include ethnicity, family status, military status, religion, physical ability, age and education.

"Our commitment to diversity extends far," Licari said. "Regardless of some of the debate going on with respect to affirmative action, we will do our part to bring minorities and women into GM. Diversity is a competitive advantage that enables us to do a better job of satisfying the customer. "

While Jaye alleges that GM discriminates in its personnel policies, Licari said the company's employment practices are legal.

"GM is an equal opportunity employer," Licari said. "We prohibit discrimination of any kind."

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