Activist may ask voters to approve civil rights laws

By Howard Fischer/ Capitol Media Services
Published/Last Modified on Thursday, April 26, 2007 3:05 PM MDT


PHOENIX - The architect of laws banning race- and sex-based preferences in three states is taking the first steps today to get voters here to enact a similar measure.


Ward Connerly will be partnering with Maricopa County Attorney Andrew Thomas to amend the state constitution to bar special - and advantageous - treatment for any individual or group on the basis of race, sex, color, ethnicity or national origin. The measure would cover public employment, education and contracting.

It might include more: Thomas told Capitol Media Services he may include language that outlaws what he said are race-based courts, where criminal defendants are given different - and he believes preferential -treatment.

Connerly was the driving force behind a 1996 California measure that banned such preferences. Since then, as co-founder of the American Civil Rights Institute, he has pushed through similar proposals in Washington and, just last year, in Michigan.

Today's action actually is part of a nationwide drive by Connerly, co-founder of the American Civil Rights Institute. He already is moving to put similar measures on the November 2008 ballot in Oklahoma, Arkansas, Colorado and Missouri.

Thomas said Arizona needs to be part of that effort. "It's important to make clear in our state constitution that there wil be equal justice and equal treatment under law,'' he said.

He could not list specific laws or government policies that would

become illegal.

But Clint Bolick with the Goldwater Institute, who also is joining in the initiative drive, said he already is investigating scholarships and clubs at state universities which appear to discriminate. He also said it appears some cities give preferences in public contracts to businesses owned by women or minorities.

Bolick promised to have a full list of what he believes are preferential treatments by the time the measure makes the ballot.

But he said even if there are not identifiable forms of discrimination, it is important to put this kind of restriction in the constitution.

"There's always pressure to to divvy up the spoils of government on the basis of race or ethnicity,'' he said. "The more diverse our state becomes, the greater that pressure would be.''

A constitutional amendment would require the signatures of at least 230,047 registered voters by July 2008 to qualify for the ballot.

The measure actually is being proposed by the American Civil Rights Coalition, the political arm of the institute Connerly founded. He also is chairman of the coalition.

Jennifer Gratz, director of state and local initiatives for the coalition, said the Arizona measure will be patterned after the ones approved in the three other states. But Thomas said the exact language will be tailored to fit Arizona's needs.

Thomas has been embroiled in a legal fight with Maricopa County Superior Court over what he calls "race-based'' courts for thos charged with drunk driving, special programs for those who have been convicted of repeat offenses. Court officials say programs aimed at people with different cultural and linguistic backgrounds helps them complete probation.

A federal judge earlier this year refused to block the courts, saying Thomas has no legal right to sue. That case is now before the 9th U.S. Circuit Court of Appeals.

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