California Senate Constitutional Amendment No. 5
The California Senate Constitutional Amendment No. 5 was introduced by California State Senator Edward Hernandez to the California State Senate on December 3, 2012. This initiative would ask voters to consider eliminating California Proposition 209's ban on the use of race, sex, color, ethnicity, or national origin in recruitment, admissions, and retention programs at California's public universities and colleges. SCA-5 was passed in the California Senate on Jan. 30, 2014 but was subsequently withdrawn by Hernandez due to strong opposition, mainly from Asian Americans.
Background and Content of SCA 5
In 1996, California became the first state to outlaw affirmative action in public universities and state hiring. Proposition 209 prohibits state government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education.Hernandez introduced Senate Bill 185 in 2011, which sought to achieve what SCA 5 intended and was vetoed by Governor Jerry Brown.
SCA-5 essentially does the following two things:
- Deletes the specific provisions implemented through the enactment of Proposition 209 that prohibit the State from discriminating against, or granting preferential treatment to individuals or groups on the basis of race, sex, ethnicity, or national origin, in the operation of public education.
- Deletes the UC and the public school system from the definition of the "state" under Section 31 of Article 1, thereby repealing the application of the provisions of Proposition 209 to those entities.
Support
The same arguments for support were summarized as follows in the bill analysis:
"According to the author's office, immediately following the November 1996 passage of Proposition 209, there was a significant drop in the percentage of enrolled minority students at both the UC and the CSU. The author's office is concerned that, in spite of new eligibility requirements and admissions initiative which have helped to restore the numbers of some underrepresented students, the proportion of underrepresented students eligible for UC and CSU has not kept pace with the proportion of the high school graduating class that they now represent."
On February 24, 2014, Gene D. Block, Chancellor of UCLA, sent an open letter to all students and faculties expressing his strong opposition to Proposition 209.
The following Asian American organizations supported SCA 5:
- Asian Americans Advancing Justice | Asian Law Caucus
- UC Asian American & Pacific Islander Policy Multicampus Research Program
- National Commission on Asian American and Pacific Islander Research in Education
- Chinese for Affirmative Action
- The Civil Rights Project
- Asian Pacific Americans for Higher Education
- Southeast Asia Resource Center
- Hmong Innovating Politics
- AFSCME
- American Association of University Women
- Association of California Healthcare Districts
- Bassett Teachers Association
- California Academy of Physician Assistants
- California Association for Nurse Practitioners
- California Black Chamber of Commerce
- California Black Health Network
- California Communities United Institute
- California Hospital Association
- California Medical Association
- California Nurses Association
- California Pan-Ethnic Health Network
- California Pharmacists Association
- California Primary Care Association
- California State Student Association
- California Teachers Association
- Equal Justice Society
- Equality California
- Health Access California
- Hispanic Association of Colleges and Universities
- Lawyers' Committee for Civil Rights of the San Francisco Bay Area
- Medical Oncology Association of Southern California, Inc.
- People Improving Communities through Organizing
- Public Advocates
- The Greenlining Institute
- University of California Student Association
- Western Center on Law and Poverty
Opposition
Opposing organization in the Legislature's record:
- American Civil Rights Coalition
- American Civil Rights Institute and Ward Connerly
- Project on Fair Representation
- The Century Foundation
- The Center for Individual Rights
- Chinese American Federation
- 80-20 National Asian American PAC
- The Committee of 100
- Asian Americans for Political Advancement PAC
- Backbone Foundation
- Chinese Alliance for Equality
- Chinese Americans for Progress and Equality
- Chinese United
- Chinese Young Professionals Networking
- Chinese-American Institute for Empowerment
- DFW Chinese Alliance
- On Leon Merchants Association of Miami
- Overseas Chinese Association of Miami
- Silicon Valley Chinese Association
- The Chinese Association of Science, Education and Culture of South Florida
- The Federation of Florida Chinese Associations
- The Great Philadelphia United Chinese American Chamber of Commerce
- The United Association of Chinese Alumni in Great Houston
- United Asian Americans for Activism
- United Chinese Associations of Eastern USA
- United Chinese Foundation
- The World Association of Chinese Elites
- Chinese-American Oceanic and Atmospheric Association
- 80-20 Asian American PAC Virginia-Maryland-DC Chapter
- USCCA
- San Diego Asian American for Equality
- Indian American Forum for Political Education
- Chinese Americans for Progress & Equality
- Asian American Voters
- Joint Chinese University Alumni Association
- The Orange Club
- Central California Chinese Cultural Association
Arguments
Failing to address root causes of the problem
- To address the problem of failing to obtain college admission, the root causes in early stage should be identified and the quality and outreach of K-12 education should be improved. Artificially lowering the admission standard for a small group of students will not address the root problems. On the other hand, college enrollment should be increased to accommodate qualified students.
- Diversity is defined by the collection of different life experiences, thinking models, approaches to problems, and fresh perspectives within a group of people, not defined by the superficial differences in skin colors. Improving education diversity is to improve different thinking methods and problem solving skills for students so they can be better prepared for life challenges later on, not to increase the number of different skin colors.
- The UC system already leads the country in its admission of talented, socioeconomically disadvantaged students. In 2011-12, 41 percent of the enrolled students at UC and CSU were Pell Grant recipient students.
- Graduation rates for all races and ethnicities increased by using race and gender neutral policies.
- Hernandez did not provide publicly accessible sources of the data used to support his statement of the problem. His data is also selectively based on a few campuses of the UC system or a few isolated years after 1996.
- Based on publicly accessible data, it is indisputable that both in absolute numbers and percentages, minorities that attend the University of California have increased. Comparing the data in 1996 and 2013: Black students' population increased from 4% to 4.3% out of 6.6% of the California population, Chicanos and Latinos increased from 14.3% to 27.8% out of 38.2% population, Asian increased from 32% to 35.9% out of 13.9% population. The only race group with decreased student population is whites.
- Preferential treatments for certain racial groups in college admission will inevitably deny other racial groups' access to the same education system, creating or sustaining an Asian quota, for example. This may increase the risk of racial tensions or even hostilities in California.
- Race-based preferential treatments in college admission do not work based on latest research.
Legislative action
Voting in the Senate
On 1/30/2014, the bill passed on the Senator Floor in a party-line vote, with 27 Ayes, 9 Noes, 3 NVR- Ayes: Beall, Block, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Lieu, Liu, Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Torres, Wolk, Yee
- Noes: Anderson, Berryhill, Fuller, Gaines, Huff, Knight, Vidak, Walters, Wyland
- NVR: Cannella, Nielsen, Wright
Public reactions
According to The Global Times, many Asian-Americans were angered by the bill, which would reduce the number of Asians accepted into state-run universities. Resistance included a petition to stop the bill that received more than 112,000 signatures. Many different Asian lobbying groups also attacked the bill, including the Southeast Asian Resource and Action Center and the Filipino Advocates for Justice in Union City and Oakland.
Republicans also attacked the bill and went against the Democrats who have a super-majority in the Senate. Republicans spoke at a forum called "Stop SCA 5," which was sponsored by the Chinese-American Institute for Empowerment, which is based in San Francisco.
The bill stagnated while under intense opposition until Senator Edward Hernandez took it off the table. The bill did not qualify to be put on the election ballot as a referendum.
Current Status
A Change.org petition to stop the bill had more than 112,000 signatures at that time, and at the request of three Democrat senators who voted for the bill in January, Senator Hernandez put the bill on hold. There has been no further action or attempt to revive the bill.Assembly Bill 1726, which was seen by some as a prelude to a revival of SCA 5, was signed into law in late 2016.
California Assembly Constitutional Amendment No. 5 was introduced by Assembly Members Weber, Gipson, and Santiago on January 18, 2019. ACA 5 is a resolution to propose to the voters of the State of California an amendment to the Constitution of the State, by repealing Section 31 of Article I thereof, relating to government preferences. This measure would repeal Prop. 209.