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CLASSIFICATION BY RACE, ETHNICITY, COLOR, OR NATIONAL ORIGIN
Initiative Constitutional Amendment

THE QUESTION

Should the California Constitution be amended to restrict state and local governments from “classifying” (collecting and using) information on an individual’s race, ethnicity, color, or national origin?

THE SITUATION

Currently, information relating to race, ethnicity, color, and national origin is collected by state and local government institutions on individuals for various purposes, all allowable by the state constitution. Much of the information collected is required by the federal government to assure compliance with federal nondiscrimination legislation and as a condition for receiving federal funds. The state constitution prohibits state and local government agencies from discriminating against or granting “preferential treatment” to any individual or group based on race, color, ethnicity or national origin in public employment, public education, and public contracting.

THE PROPOSAL

Proposition 54 prohibits the classifying (collection and use) of race-related information by state and local governments, effective January 1, 2005. The exceptions are:

• to comply with federal law
• to remain eligible to receive federal monies
• to comply with a court order in force as of 1/1/05
• to allow law enforcement agencies to describe individuals
• to place prisoners and assign undercover officers
• to collect and use information related to medical research subjects and patients
• to allow the Department of Fair Employment and Housing to collect certain race-related data through 2014.

Race-related information could continue to be collected and used in areas other than public education, contracting, and employment if “classification” of those individuals is approved by a 2/3 majority of the Legislature and by the Governor as serving a compelling state interest.

For some current government activities, the effect of the measure is unknown and would depend on future interpretation of the measure’s language by courts and future actions by the Legislature.

FISCAL EFFECT

State and local governments could experience minor one-time costs to modify forms and data collection systems. Minor annual savings might be experienced due to reduced data collection and use. Overall, no significant fiscal effect is expected.

SUPPORTERS SAY

• Labeling people as to their ancestry and racial background without their knowledge and/or consent is an invasion of privacy.
• Government-imposed racial classifications have been used to divide people by emphasizing minor differences rather than common interests and values. We should stop categorizing citizens and create a colorblind society where we’re all just Americans.
• The California Constitution forbids state and local governments from discriminating against or granting preferential treatment based on race; therefore there is no need to classify people by race, ethnicity, color or national origin..

OPPONENTS SAY

• Preventing the collection, analysis and use of race-related data will hinder the ability to address disparities by race and ethnicity in public health, education, crime prevention, and civil rights enforcement.
• The exceptions leave open questions about the scope of the prohibitions, making numerous legal challenges a certainty.
• America is not close to being a colorblind society. We need to understand our differences in order to deal with them in a positive way.

For more information:

Supporters: American Civil Rights Coalition. 916-444-2278; www.racialprivacy.org
Opponents: Coalition for an Informed California. 510-452-2728; www.informedcalifornia.org

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