Utah Seeks to Ban Racial Preferences

UtahLawmakers in Utah are attempting to ban government racial preferences via a state constitutional amendment. Last week, the state’s House Business and Labor Committee approved the resolution, which heads to the full house for consideration. According to the Associated Press, there’s little evidence that preferences are “being used or has caused problems” in Utah.

Of course, it doesn’t matter whether there’s evidence. A ban would give notice that no government entity may prefer or discriminate against individuals or groups based on race. Republicans control the Utah legislature, and the governor is a Republican. These factors increase the measure’s likelihood of passing. A two-thirds vote of the state house and senate and the governor’s signature are required to amend the constitution.

Several states already ban government racial preferences. For example, in 1996, 54 percent of voters in California banned preferences. The same year, the U.S. Court of Appeals for the Fifth Circuit held in Hopwood v. Texas that racial preferences in college admissions was unconstitutional. In 1998, Washington state voters banned preferences by 58 percent. Ten years ago, former Florida governor Jeb Bush banned government preferences. In 2006, Michigan voters banned preferences by 58 percent, as did Nebraska voters in 2008.

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