Affirmative Action Affirmative Action Federal Legislation Look out for the following bills that could eliminate or weaken affirmative action on the federal level. In the November 1996 election, Californians passed Proposition 209, though this initiative was defeated in major urban areas. The passage of 209 could mean the elimination of many state-funded Indian programs, such as Indian Education programs and Indian commissions. Because most Indian programs provide services only to American Indians, they would be considered discriminatory under this new constitutional amendment . Even if you do not live in California, this may still affect you.
Many states are eager to follow the lead of California and pass their own similar initiatives.
For example, Montana's legislature recently heard House Bill 299, an anti-affirmative action bill based on California's Proposition 209. Luckily, it did not make it out of the committee process. Also, the success of Proposition 209 in California has encouraged the movement to end affirmative action on the federal level as well. Many civil rights groups and feminist organizations are taking Proposition 209 to court. They say that Proposition 209 is unconstitutional because it violates the Equal Protection clause of the 14th Amendment.