Initiative 200

Initiative 200 was a Washington State initiative to the Legislature promoted by California affirmative-action opponent Ward Connerly and filed by Scott Smith and initiative entrepreneur Tim Eyman. It sought to prohibit racial and gender preferences by state and local government. It was on the Washington ballot in November 1998 and passed with 58.22% of the vote. It added to Washington's law (but not its constitution) the following language:

(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.

History

Initiative 200, a Washington State statute passed as the first major civil rights law enacted by direct public vote took place in November 1998. The voting took place state wide, with approximately 1.9 million voters taking to the polls. The enactment was inevitable with a 58.2 percent, or a grand total of 1,099,410 voters saying “yes”. State wide, all counties passed the statute, with only one exception, King County, in all places but Seattle.^[1] The law reads “All state agencies, boards, departments and commissions are prohibited from using any equal opportunity programs that grant preferential treatment in hiring. Initial consideration of race, sex, color, ethnicity or national origin may continue through outreach efforts. No comparable aggressive action to end equal opportunity programs that grant preferential treatment”.^[2]

Initiative 200's Remedy

In late 1960’s and early 1970’s, as the civil rights movement came to an end states nationwide developed policies as a form of remedy aimed to help minorities for previous wrongdoings. The policies were created to award preferential treatment to groups when state contracts and hiring where involved.^[3] In doing so the state believed that the availability of opportunities would help in the advancement of such preferred minorities involved. Chapter 49.60 RCW, which prohibited discrimination against any person on basis of race, color, creed, national origin, family and marital statute, sex, age, or disability, was the standing Washington law prior to the enactment of Initiative 200, and had been upheld previously by courts and the Human Rights Commission. Included in the statute was a provision requiring state agencies access to affirmative action strategies to increase opportunities amongst racial minorities, including women, and veterans. However the same policies established quotas, set-asides, and timetables. State funded schools and universities were granted authority to establish their own entrance and admissions program with entrance requirements. The requirements outlined in the admission program must have complied with all federal laws prohibiting discrimination. Some Universities had admissions policies in which the objective was to select students who had demonstrated capacity, high quality work, and who would contribute to a diverse student body.^[4]

Opposition

Opponents of the legislation argue that establishing goals for race and gender equality are permissible as long as the final decision is not swayed by the gender or race of the individual. Initiative 200, created “outreach efforts” under which the state is allowed a goal. Proponents of the legislation argue that the initiative calls for no direct and unwarranted advantage over another, based on sex or race, at any stage of a hiring or admissions process.^[5]

Process 1.Review contracting polices to insure fair and equal access to all. 2.Remove any preferences on the basis of race, sex, national origin, color or ethnicity for the goal of creating a diverse student body. 3.Review all other policies or procedures that grant or have granted preferential treatment to make sure they comply with the new law. 4.Respecting diversity without granting preferences

Establishment

Initiative 200, if implemented correctly, can have the capability to make Washington a place where diversity flourishes. The citizens according to the poll results, stated that they want their workplaces, classrooms and communities to reflect diversity without granting preferences to people of one race or gender over another. The state of Washington is a one of the most diverse states, with residents coming from places such as Asia, Africa, and Latin America, domestic migration from the South, and East. The benefits of diversity are best achieved by making Washington a place where all citizens are valued for their own unique talents, energies, and abilities.

References

^ Text of Initiative 200