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Don't Be Deceived
by the ‘Nebraska Civil Rights’ Ballot Proposal

Professor Anna Shavers
UNL College of Law

What is the ballot initiative? The initiative petition currently being circulated is seeking to place a constitutional amendment on the Nebraska ballot for the November 2008 election. The proposed amendment would essentially ban practices in the state eliminating lawful and established measures now used to achieve diversity in the student body and workforce.

How could the constitutional amendment impact Nebraska? If the constitutional amendment is approved it would place many state and education services and programs at risk that are aimed at providing an equal opportunity, including:

· Minority-focused student recruiting, educational and mentoring programs

· Recruiting programs targeting international students

· Revenue realized from tourism and conventions

· Scholarships that consider gender, race and ethnicity

· Efforts to encourage and recruit students to pursue fields in which they have traditionally been underrepresented (such as minorities and women in math and science, or men in nursing)

· Efforts to recruit and retain a diverse faculty

· Representation of women and minorities on boards and commissions

· Support and outreach groups such as commissions on the status of women, commissions on multicultural affairs and women’s centers

Is the constitutional amendment necessary? No. There are no quotas in hiring practices by the state or educational institutions. For example, the University of Nebraska has no caps on admissions for undergraduates; all qualified students are accepted. Some graduate and professional programs consider race and gender along with a number of other factors in their admission process.

Who is leading the proposed amendment? The primary sponsor is a national group called “Super Tuesday for Equal Rights” and is backed in Nebraska by a group called the “Nebraska Association of Scholars.” The California-based Super Tuesday organization is led by businessman Ward Connerly, a former University of California Regent, a real estate CEO, a lobbyist for construction trade associations, and a political activist who has promoted and won a series of similar initiatives.

What has happened in other states? Along with the one in Nebraska, the Super Tuesday organization is also supporting drives for constitutional amendments in 2008 in Arizona, Colorado, Missouri and Oklahoma. Previous initiative campaigns have been successful in three states: California in 1996, Washington in 1998 and Michigan in 2006.

Why do we care about diversity? Diversity adds to the richness of the state. The consideration of diversity helps provide an equal opportunity for all. In educational institutions, the overall educational experience is improved, prepares and trains students to live and work in a global environment, and helps to meet the needs of a changing workforce.

What can you do? Remember that the language in the proposal appears civil rightsfriendly, but is misleading and perpetuates inaccuracies about diversity programs. Support measures that strengthen diversity and Affirmative Action programs in Nebraska. Do not sign the “Civil Rights Initiative” petition.

The proposed constitutional amendment reads: The state shall not discriminate against or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education, or public contracting by the state or any of its agencies, institutions or political subdivisions.

This language is purposefully deceptive and would end measures taken by the State of Nebraska to act affirmatively to make opportunities available to all people and strengthen diversity.