Michigan Proposal 2, Affirmative Action Ban Initiative (2006)

Michigan Proposal 06-2
Election date November 7, 2006
Topic Affirmative action
Status Approved
Type Initiated constitutional amendment	Origin Citizens

Michigan Proposal 06-2 was on the ballot as an initiated constitutional amendment in Michigan on November 7, 2006. It was approved.

A "yes" vote supported prohibiting the state from discriminating against or granting preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting.

A "no" vote opposed prohibiting the state from discriminating against or granting preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting

Aftermath

BAMN v. Regents

In 2011, the U.S. Sixth Circuit Court of Appeals ruled that provisions of Proposal 2 that affected public colleges and universities were unconstitutional. Judge R. Guy Cole wrote, "We find that Proposal 2 unconstitutionally alters Michigan’s political structure by impermissibly burdening racial minorities." Attorney General Bill Schuette appealed the case to the U.S. Supreme Court.

The U.S. Supreme Court agree to hear the case. On April 22, 2014, the Supreme Court upheld Proposal 2 as constitutional, revering the decision of the Sixth Circuit Court of Appeals. Justice Anthony Kennedy, writing the majority's opinion, stated, "This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it. There is no authority in the Constitution of the United States or in this Court’s precedents for the Judiciary to set aside Michigan laws that commit this policy determination to the voters."

Justice Sonia Sotomayor dissented, stating, "Today’s decision eviscerates an important strand of our equal protection jurisprudence. For members of historically marginalized groups, which rely on the federal courts to protect their constitutional rights, the decision can hardly bolster hope for a vision of democracy that preserves for all the right to participate meaningfully and equally in self-government."

Election results

Michigan Proposal 06-2
Result		Votes	Percentage
Yes		2,141,010	57.92%
No		1,555,691	42.08%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Proposal 06-2 was as follows:

“

PROPOSAL 06-2 A PROPOSAL TO AMEND THE STATE CONSTITUTION TO BAN AFFIRMATIVE ACTION PROGRAMS THAT GIVE PREFERENTIAL TREATMENT TO GROUPS OR INDIVIDUALS BASED ON THEIR RACE, GENDER, COLOR, ETHNICITY OR NATIONAL ORIGIN FOR PUBLIC EMPLOYMENT, EDUCATION OR CONTRACTING PURPOSES The proposed constitutional amendment would: Ban public institutions from using affirmative action programs that give preferential treatment to groups or individuals based on their race, gender, color, ethnicity or national origin for public employment, education or contracting purposes. Public institutions affected by the proposal include state government, local governments, public colleges and universities, community colleges and school districts. Prohibit public institutions from discriminating against groups or individuals due to their gender, ethnicity, race, color or national origin. (A separate provision of the state constitution already prohibits discrimination on the basis of race, color or national origin.) Should this proposal be adopted? Yes No

”

Full Text

The full text of this measure is available here.

Support

Organizations

• American Civil Rights Institute

Individuals

• Ward Connerly, founder of the American Civil Rights Institute

Opposition

Parties

• Michigan Democratic Party

American Indian tribes

• Little River Band of Ottawa Indians
• Saginaw Chippewa Tribal Nation

Organizations

• Detroit Renaissance Foundation
• Michigan Catholic Conference
• NAACP Detroit

Businesses

• AT&T
• Blue Cross Blue Shield of Michigan
• Dow Chemical Company
• Ford Motor Company
• General Motors
• JPMorgan Chase
• Pfizer
• Toyota Motor North America

Unions

• AFL-CIO
• American Federation of State, County and Municipal Employees (AFSCME)
• American Federation of Teachers
• Detroit Federation of Teachers
• International Brotherhood of Teamsters
• Michigan AFL-CIO
• Service Employees International Union
• United Auto Workers National Community Action Program
• United Food and Commercial Workers International Union

Path to the ballot

See also: Signature requirements for ballot measures in Michigan

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Michigan, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.

See also

2006 Measures

• 2006 Measures
• Affirmative action on the ballot
• 2006 legislative sessions

Michigan

• Michigan ballot measures
• Michigan ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Michigan Department of State, "Initiatives and Referendums Under the Constitution of the State of Michigan of 1963," December 5, 2008