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Calif. high court upholds affirmative action ban

•  Recent Cases     updated  2010/08/03 03:43


California's high court on Monday upheld the state's 14-year-old law barring preferential treatment of women and minorities in public school admissions, government hiring and contracting.

In a 6-1 ruling, the state Supreme Court rejected arguments from the city of San Francisco and Attorney General Jerry Brown that the law, known as Proposition 209, violates federal equality protections.

Opponents of the ban say it creates barriers for minorities and women that don't exist for other groups, such as veterans seeking preference.

The ruling written by Justice Kathryn Werdegar came in response to lawsuits filed by white contractors challenging San Francisco's affirmative action program, which was suspended in 2003.

"As the court recognized, Proposition 209 is a civil rights measure that protects everyone, regardless of background," said Sharon Browne, a lawyer for the Pacific Legal Foundation, which represented the contractors. "Under Proposition 209, no one can be victimized by unfair government policies that discriminate or grant preferences based on sex or skin color."

If San Francisco wants to resurrect the program, the Supreme Court said it must show compelling evidence the city "purposefully or intentionally discriminated against" minority and women contractors and that such a law was the only way to fix the problem.


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