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Amendment 46:
Prohibition on Discrimination and Preferential Treatment by Governments
Summary

Historically disadvantaged groups have been given preferential treatment by the government under “Affirmative Action” plans in order to remedy past and current discrimination or to increase diversity.

If passed, Amendment 46 would insert language into the Colorado Constitution that prohibits discrimination or preferential treatment in the areas of public education, government employment and government contracting on the basis of race, sex, color, ethnicity, or national origin. Private organizations would not affected by Amendment 46.

At this time, government agencies and higher education may give preference to race and gender when awarding contracts and admitting students as long as they do so under a plan to correct discrimination or promote diversity. Examples include colleges offering scholarships to students of specific minority groups and government agencies awarding specific contracts to businesses owned by minorities.

If Amendment 46 passes, this practice would cease. Scholarships and government contracts would be awarded with no discrimination or preferential treatment. Certain federal laws and funding would not be affected by Amendment 46 including: Girls receiving the same access to school athletic programs, Police departments achieving diversity through hiring practices and hiring for gender-specific positions such as a female prison guard.
Position:  Neutral
Provided by: Legislative Council of the Colorado General Assembly
Amendment 46 proposes amending the Colorado Constitution to:

  • prohibit Colorado governments from discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting;

  • make exceptions for federal programs, existing court orders or other legally binding agreements, and bona fide qualifications based on sex; and

  • provide the same remedies that are available for violations of existing Colorado anti-discrimination law.

Note: The measure requires that remedies that exist for Colorado anti-discrimination law be used for          violations of Amendment 46.

Vote NO on Amendment 46 if:
  • You believe “Affirmative Action” should continue in Colorado.
  • You believe programs that consider race and gender to provide greater access to employment, education and business opportunities are still needed for historically disadvantaged groups.

Vote YES on Amendment 46 if:
  • You believe “Affirmative Action” should end in Colorado.
  • You believe everyone should be treated equally in public employment, education and contracting.



RMFC position:
VOTE XX
Vote NO
RMFC position:
Neutral