Court Upholds Ban on Special Treatment for Minorities and Women

Proposition 209 was a 1996 voter initiative

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    The California Supreme Court upheld Proposition 209 Monday.

    The California Supreme Court today upheld a 14-year-old voter initiative that bans government preferences for minorities and women.

    The panel issued the ruling by a 6-1 vote in a case in which two construction companies challenged a San Francisco law that gave contract  bidding preference to minority and women-owned businesses.

    The initiative, enacted by California by voters in 1996 as Proposition 209, bars state and local governments from giving preference to  women and minority groups in public-works contracts, employment and  education.

    It was previously upheld by a federal appeals court in 1997.

    But the state high court had the power to rule independently on whether the initiative was constitutional, and today's ruling was the first  time the panel addressed that issue directly.

    Sharon Browne, a Pacific Legal Foundation lawyer representing the two construction companies, said, "This is a major win for the voters who  passed Proposition 209.

    "It closes the final door on any attempt by people who don't like  Proposition 209," Browne said.

    The state high court rejected the city of San Francisco's argument that the proposition places an undue burden on minority groups and women who  seek laws that benefit them.

    Because Proposition 209 was a state constitutional amendment, it can be changed only by another amendment.

    The city's argument was that while other groups such as locally owned businesses or veterans can legally obtain laws with bidding  preferences, minority groups and women can do so only through a more  burdensome constitutional amendment.

    The argument is a type of constitutional challenge known as the "political structure doctrine," claiming that a political structure sets up  unconstitutional unequal treatment of different groups.

    But the court said it agreed with the reasoning of 9th U.S. Circuit Court of Appeals, which said in 1997 that the political structure  argument could not be used to defeat a broadly worded ban on preferences.

    Justice Kathryn Werdegar quoted the 9th Circuit as saying, "The political structure doctrine does not invalidate state laws that broadly  forbid preference and discrimination based on race, gender, and other similar classifications."

    Werdegar wrote, "Racial preferences are presumptively unconstitutional and tolerated only when narrowly tailored to serve  compelling governmental interests."

    While upholding Proposition 209 in general, the court left a path open for the city to continue trying to defend its 2003 bidding preference  law in San Francisco Superior Court.