Posted on 05/13/2005 3:20:16 PM PDT by SmithL
California lawmakers improperly and unconstitutionally adopted legislation two years ago that violated the state's ban on race-based preferences, a Sacramento Superior Court judge ruled Thursday.
Ward Connerly called the ruling by Superior Court Judge Thomas M. Cecil another "nail in the coffin of preferences" based on race, sex, color, ethnicity or national origin.
Connerly had argued in the suit that Assembly Bill 703, signed into law by Gov. Gray Davis, was an "end run" around Proposition 209, a 1996 initiative banning preferences in state hiring, contracting and education.
"This is a happy day for me, personally, and for all of us who are identified with the Proposition 209 campaign," Connerly said Thursday. He is a Sacramento businessman and former University of California regent who has led efforts to ban race-and gender-based preferences.
Cecil's ruling expanded on a decision last September by the 3rd District Court of Appeal, which also rejected the legality of AB 703 in a case involving the Sacramento Municipal Utility District.
There was disagreement Thursday about the significance of Cecil's ruling.
Tom Dresslar, a spokesman for state Attorney General Bill Lockyer, disputed Connerly's contention that Cecil's ruling will alter how the state views or reacts to AB 703.
"Today's ruling said the governor and attorney general cannot enforce a statute that they never did enforce and had no intention of enforcing," Dresslar said.
No decision has been made on whether to appeal Thursday's ruling, he said.
Connerly's attorney, Paul Beard of the Pacific Legal Foundation, said public agencies, including San Francisco and the Berkeley Unified School District, have continued to use the disputed law to defend what he believes are illegal programs.
(Excerpt) Read more at sacbee.com ...
Every one of these racists should lose their jobs... especially to a conservative of "color." See how they like it. :-)
Amen.
Just makes you tear up, doesn't it?
The legislation at the heart of the fight, AB 703, was proposed by Assemblyman Mervyn Dymally, D-Compton, who declined to comment on Thursday's ruling other than to say he wants to appeal.
In proposing AB 703, Dymally had argued that it filled a loophole. Proposition 209 banned discrimination by public agencies but didn't define the term, he said.
His bill, now Government Code 8315, provided a definition that its supporters claimed could legally benefit underrepresented groups. The measure was approved by lawmakers on a party-line vote, with Republicans opposed.
AB 703 used a definition of discrimination that stemmed from the International Convention on the Elimination of All Forms of Racial Discrimination and was part of a treaty adopted by the United Nations General Assembly in 1965.
The definition stated that "special measures" taken on behalf of underrepresented groups are not necessarily discriminatory.
Good Job, Ward Connerly!!! The good guys win one.
Democrats = The Party of Slavery and Racism
The more things change, the more they stay the same.
OK, Question time! Who appointed the judge?
The racists are now using race to discriminate against people of noncolor. How appropriate for these insecure, spiteful, and liberal weenies.
He was appointed to the Municipal Court by George Deukmejian (R)
and to the Superior Court by Pete Wilson (R).
How true!
Thanks. You would think the reporters would routinely include this in their stories. Someone needs to change the style book to identify judges as they do Congressman.
For Example: Senatory Barbara Boxer (D-Ca). In the case of this judge it could be "Judge Name" (Wilson - R) to signify who appointed them and what party the person that appointed them belonged to at the time of appointment.
Thank you.
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