Jerry Brown calls Prop. 209 unconstitutional

SFGate.com ^ | 4/22/09 | Bob Egelko

[NormsRevenge]

SAN FRANCISCO -- The 1996 ballot measure that outlawed preferential treatment for women and minorities in government programs is unconstitutional because it prohibits all affirmative action and fosters the discrimination it was supposed to eliminate, Attorney General Jerry Brown told the state Supreme Court on Wednesday.

Brown's opinion, which the court requested in considering a lawsuit that two white-owned contractors brought against San Francisco, could reopen the legal debate on Proposition 209. A federal appeals court upheld the measure in 1997, but the state's high court has never ruled on its validity.

It could also become an issue in Brown's expected campaign next year for the Democratic nomination for governor. Although Prop. 209 was approved by 54 percent of the voters, Brown's position might help him in his party's primary.

The initiative banned race and sex preferences in state and local government contracting, employment and education programs. The San Francisco case involves a 2003 ordinance - now suspended by court order - that gave firms owned by minorities and women a 10 percent advantage in competitive bids.

Berkeley case

Another case that could soon reach the court is a challenge by Prop. 209 supporters to Berkeley's school integration program, which allows elementary school officials to seek student-body diversity by considering the racial and economic composition of a child's neighborhood. A state appeals court upheld the program last month, saying Berkeley was not basing enrollment decisions on the race of any individual student.

Brown's brief, written by Solicitor General Manuel Medeiros, noted that the U.S. Supreme Court has set strict constitutional standards for judging race-conscious programs: They must be based on a history of discrimination against a group and must be designed to promote a legitimate goal, such as diversity in school enrollment, that cannot be met in other ways.

[Texas Eagle]

Hell. As far as Gov. Moonbeam is concerned, The Constitution is un-Constitutional.

[I Drive Too Fast]

Why does this idiot keep getting elected? I say he is unconstitutional.

[South40]

Jerry Brown is a real class act.

[CodeMasterPhilzar]

So it says they're going to treat everyone the same - no preferential treatment...and this is unconstitutional because it may cause discrimination? What kind of twisted, backwards, just plain idiotic logic is this?

[calcowgirl]

But Prop. 209 goes further and prohibits programs that the U.S. Constitution allows, without justification, Medeiros said. "It closes a door to race- and gender-conscious programs that the 14th Amendment leaves open," Medeiros said.

Medeiros seems to want affirmative action for gays.

I'm sure he appreciates all of those "civil rights" bills for gays that Arnold signed.

Ain't California grand! /s

[Nathan Zachary]

"What kind of twisted, backwards, just plain idiotic logic is this?"

Liberal.

[NormsRevenge]

the phrase during the drought of that time

If it’s brown flush it down

applies today, more than ever,

latest drought or no drought. ;-)

[repubpub]

Jerry gets grumpy when he has the munchies.

[sheik yerbouty]

all leftists hold that view..

[DennisR]

Just another liberal with a mental disorder...can’t help himself.

[Constitutionalist Conservative]

What kind of twisted, backwards, just plain idiotic logic is this?

Newspeak.

[RobinOfKingston]

The English language is like silly putty in the hands (on the tongue?) of AG JB.

[blam]

To many White males still succeeding despite a 30+ year war against them.

They want to give even more away to unqualified, lazy incompetents.

[NoLibZone]

In many areas of California WASPS are now a minority.

Once they realize this the DNC looters will reconsider.

[CounterCounterCulture]

Moonbeam, you piece of CRAP! We voted for 209 because we were SICK of the government discriminating and using blatently racist (and sexist) policies against others.

Civil rights applies to EVERYBODY. What part of equal protection do you not understand?

**** your government-sponsered racism. **** you.

[jonrick46]

The Constitution was written to protect the individual. It was not written for government to redefine a human relationship that has existed since mankind began. Any effort to change the way humans treat that unique relationship between a man and a woman differently than has been accepted by mankind for eons, will fail. That is because this is a biological predisposition that is not predisposed by culture, but by the natural human state.

This totalitarian effort to twist our legal system and our Constitution to oppose the natural order of our biological identity is social tyranny. And to oppose them is to defend our Constitution which defends the individual against tyrants.

[eyedigress]

to oppose them is to defend our Constitution which defends the individual against tyrants.

It has been discussed over and over. Gays will never have an identity until butt sex procreates. The abomination they live is a product of satan. If gays want to live together then have it, to demand marriage from a creation believing Church then don't. Prove anal creation then they win.

[GeronL]

treating everyone equally is descrimination.

Leftism is a mental disease

[Darwin Fish]

all men are created equal, but all cultures are not equal.