Washington Initiative 200, Affirmative Action Initiative (1998)
Washington Initiative 200, was on the November 3, 1998, ballot in Washington as an Initiative to the Legislature, where it was approved. The measure prohibited public institutions from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in the areas of public education, public employment, and public contracting.[1]
The Washington Supreme Court has interpreted I-200 as prohibiting "reverse discrimination where race or gender is used by [the] government to select a less qualified applicant over a more qualified applicant." The Washington Attorney General Bob Ferguson issued an opinion in 2017 stating, "I-200 does not prohibit all race- and sex-conscious measures. Rather, it prohibits only measures that have the effect of elevating less qualified contractors over more qualified contractors."[2]
Aftermath
Initiative 1000 was an initiative to the legislature in 2019 and was approved by the legislature on April 28, 2019. Initiative 1000 was designed to alter Initiative 200. A veto referendum—Referendum 88—was put on the ballot, however, through a signature petition drive by opponents of Initiative 1000 to let voters decide whether to approve or reject the measure. On November 5, 2019, voters rejected Initiative 1000.
Initiative 1000 would have explicitly allowed the state of Washington to implement affirmative action laws and policies while continuing to ban discrimination and preferential treatment. It also would have defined preferential treatment and affirmative action so that banning one and allowing the other would be compatible.
I-200 banned discrimination and preferential treatment based on the following characteristics:
- Race
- Sex
- Color
- Ethnicity
- National origin
- Age
I-1000 would have added the following characteristics to the law:
- Sexual orientation
- The presence of any sensory, mental, or physical disability
- Honorably discharged veteran or military status
I-1000 also would have allowed the state to "remedy discrimination against, or under-representation of, disadvantaged groups as documented in a valid disparity study or proven in a court of law."
Election results
| Washington Initiative 200, Affirmative Action Initiative (1998) | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 1,099,410 | 58.22% | ||
| No | 788,930 | 41.78% | ||
Election results via: Washington Secretary of State
Text of measure
The language appeared on the ballot as follows:[1]
| “ | Shall government be prohibited from discriminating or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, education, and contracting?[3] | ” |
Full text
The following underlined text was added to chapter 49.60 in the Revised Code of Washington (RCW).[4][5]
AN ACT Relating to prohibiting government entities from discriminating granting preferential treatment based on race, sex, color, ethnicity, or national origin; and adding new sections to chapter 49.60 RCW. BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: NEW SECTION. Sec. 1. (1) The state shall not discriminate against or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (2) This section applies only to action taken after December 3, 1998. (3) This section does not affect any lawor governmental action that does not discriminate against, or grant preferential treatment to, any individual group on the basis of race, sex. color, ethnicity, or national origin. (4) This section does not affect any Otherwise lawful classification that:
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998. (6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state. (7) For the purposes of this section, “state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state. (8) The remedies available for violations of this section shall be the same regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington anti-discrimination law. (9) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section. NEW SECTION. Sec. 2. This act shall be known and cited as the Washington State Civil Rights Act. NEW SECTION. Sec. 3. Sections 1 and 2 of this act are each added to chapter 49.60 RCW. |
Path to the ballot
Sponsors Scott Smith and Tim Eyman of Seattle filed 280,511 signatures to qualify the measure to be sent to the legislature. When the legislature did not take action on the proposed legislation, the measure was placed on the ballot as provided for by the state constitution.[6]
See also
- Washington 1998 ballot measures
- 1998 ballot measures
- List of Washington ballot measures
- Affirmative action in Washington
External links
- Washington Secretary of State, Election Results
- Washington Secretary of State, 1998 Voters Pamphlet and Local Voters Pamphlet
- Lewiston Morning Tribune, "I-200 may spark firestorm of lawsuits," October 20, 1998
Footnotes
- ↑ 1.0 1.1 Office of the Secretary of State, "1998 Voters Pamphlet," accessed September 3, 2013
- ↑ Washington State Office of the Attorney General, "USE OF RACE- OR SEX-CONSCIOUS MEASURES OR PREFERENCES TO REMEDY DISCRIMINATION IN STATE CONTRACTING," accessed August 9, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Washington Legislature, "RCW 49.60.400," accessed January 5, 2019
- ↑ Washington Legislature, "Voters Pamphlet from 1993 General Election," accessed January 5, 2019
- ↑ Washington Secretary of State, "Initiatives to the Legislature," accessed September 3, 2013
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