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| About NECRI
What is the Nebraska Civil Rights Initiative (NECRI)? The Nebraska Civil Rights Initiative is a proposed amendment to the Nebraska Constitution scheduled for the November 2008 ballot. This amendment would add Section 30 to Article I of the Constitution of Nebraska and would effectively prohibit state and local governments from discriminating against or granting preferential treatment to any individual or group based on race, sex, color, ethnicity or national origin in the operation of public employment, public education and public contracting. The NECRI is supported by a coalition of Democrats, Republicans, and Independents from across the state. What would this amendment affect? As cited in the proposed amendment, "state" shall include, but not be necessarily limited to, the state itself and any of its departments, agencies, commissions, boards, and other units; any political subdivision and any department, agency, commission, board, or other unit of a political subdivision; any public institution of higher education, junior college district, and school district; any municipal corporation; and any public corporation, public entity, or other instrumentality of the state or a political subdivision, irrespective of the capacity in which the state or any such instrumentality or entity of the state shall be acting . Isn’t some consideration of race needed to balance disparities that exist? Poverty transcends race. The NECRI would in no way prohibit or alter affirmative action programs that identify socio-economic conditions as a factor in determining program status. Such programs benefit every “disadvantaged" individual regardless of race. The NECRI does nothing to detract from the state’s K-12 education system or any program designed to increase job opportunities and economic growth, provided they are made available to all the citizens regardless of race. Wouldn’t passage of this proposal mean the end of Affirmative Action? No. Affirmative action (relating to socio-economic or geographic groups) would be permitted for classified entities such as “inner city” or “rural” schools. What would not be allowed under the NECRI proposal is applying different standards to individuals or groups based on their race, sex, color, ethnicity or national origin. Will this proposal have “unintended consequences?" This is a favorite scare tactic used by special-interest groups opposed of any popular reform -because it is inherently vague. It is impossible to refute a charge that something might have “unintended consequences” since what is unintended is, by definition, also unknowable. However, we can look to California, Washington, and Michigan to help answer this charge. These states passed similar initiatives; eliminating preferences based on race, sex, color, ethnicity and national origin. The doomsday scenarios purported by opponents before these states took action to eliminate discrimination and racial preferences never materialized. The public colleges and universities in all three states report no significant drop in attendance numbers for “underrepresented minorities”. California has enjoyed over ten years of freedom from the burden of these dehumanizing policies. Some Politicians and special interest groups are opposing the NECRI because of a supposed, undefined impact on women. What’s the reasoning? Opponents of the proposal know that NECRI enjoys broad support and they need an argument that may divide voters. It’s important to note that the lawsuits against the University of Michigan, as well as similar lawsuits against the University of Texas, University of Washington, and a New Jersey school district, were initiated by women. Race always trumps gender. In its legal defense, the University of Michigan admitted then that no preferences were given to women. Women have enjoyed equal access to higher education for years. In fact, the rate of women entering institutions of higher education in America today is higher than that of men. Are there really examples in Nebraska where government entities are granting preferences based on race? ABSOLUTELY! Scholarships and other programs that provide access to certain people groups while excluding others abound at universities and colleges across the state. This practice is truly entrenched in higher education. Also, various cities and municipalities have established “goals” for minority contracting, which effectively serve as the functional equivalent as quotas. Won’t the ban on discrimination based on sex result in such things as unisex public restrooms, or interfere with legitimate, gender-specific government functions such as undercover police operations? The answer to all these questions is an unequivocal - No! The amendment provides a specific exception for "bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting." The Civil Rights Act of 1964 – which has the exact same exception clause -- has an over four-decade history of legal interpretation and there is settled case law addressing such exceptional circumstances. Legitimate gender differentiations have been clearly interpreted to mean that such distinctions as separate-sex restrooms and other accommodations to the physical differences between males and females are and will remain perfectly legal. Furthermore, a similar measure was passed in California over a decade ago and has not resulted in the loss of a single women’s sports or health program in that state. Would this amendment apply to private companies or organizations? No. The scope of NECRI is limited to public education, public employment and public contracting. When will the Nebraska Civil Rights Initiative be on the ballot? The Initiative will be on the November 4, 2008 ballot. People Involved in the NECRI Professor Marc Schniederjans -- Proponent |
