Vote no on affirmative action ban
Initiative Measure 424 on the Nov. 4 ballot would strip away important tools for preserving equal opportunity in Nebraska.
The Journal Star editorial board recommends a vote against the proposal.
On its face, the proposed amendment seems harmless enough, perhaps even laudable.
The ballot advises voters that the amendment would “prohibit the State, any public institution of higher education, political subdivision or government institution from discriminating against, or granting preferential treatment to, individuals or groups based upon race, sex, color, ethnicity or national origin in operating public employment, education or contracting.”
The crux of the debate is whether giving “preferential treatment” is justified in order to meet goals such as giving an equal chance to ethnic groups that are underrepresented in universities and in some workplaces, or to create a more stimulating academic environment and a more effective work force.
If the ability of universities and employers to grant preferential treatment, or to consider race when making hiring or admission decisions, is eliminated, college classrooms and work forces are likely to become less diverse.
“The playing field is still not level; extreme pockets of poverty and inequality exist…,” University of Nebraska President J.B. Milliken and Creighton President John P. Schlegel wrote in an op-ed column published in the Journal Star. “The proposed amendment seeks to exclude and divide, and it will limit opportunity and access to those who need it most.”
Proponents of the Nebraska Civil Rights Initiative have a poor record of presenting their proposal fairly and accurately. Petition circulators did not always accurately inform signers on the nature of the petition, for example.
Most recently, proponents contended that admission of minority students who had lower LSAT scores than some white students was evidence of “discrimination.” Wrong. Scores on the LSAT are not the gold standard for determining whether a candidate is qualified. They are only one criterion, and a nonobjective one at that.
As Dean Steve Willborn of the NU Law College put it, “We can better discuss foreign affairs if we admit students from other countries. We can discuss agricultural policy better of we have students from rural Nebraska and we can better discuss alleged race-based police practices if we admit African-Americans.”
There has been considerable debate on what the proposed amendment to the constitution would specifically do to hiring and college admission practices.
The best answer probably is that no one really knows for sure.
Lawsuits are sure to follow if the amendment passes. The ballot language even invites it, stating, “A cause of action for violation would be created.”
A wiser course of action is to protect the ability of employers and university officials to make fair decisions on hiring and admissions.
A wide variety of Nebraska organizations, ranging from the Lincoln and Omaha Chambers of Commerce to the Nebraska State Education Association to University of Nebraska Board of Regents, opposes the measure.
The Journal Star editorial board stands with them. So should you.

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UpInSmoke wrote on October 15, 2008 5:30 am:
Outraged in Omaha wrote on October 15, 2008 6:12 am:
Berten Earnest wrote on October 15, 2008 6:31 am:
Sorry Dr. King, apparently we still need mandates to judge each individual's merits based on the color of their skin and not on the content of their character. "
Gerard Harbison wrote on October 15, 2008 7:08 am:
CEO presented two lines of evidence: undergraduate GPA, and LSATs, to support the existence of discrimination. I suppose it's possible that the minority applicants scored much higher on other criteria, on average, than whites, but why would one assume that? Where's the evidence?
So the Journal Star claims the only evidence presented is not evidence, and then, without evidence, conjectures that minority applicants might have scored better on other, unspecified criteria. Please! If LSAT scores aren't evidence of the relative merit of applicants, why does UNL Law College use them?
But what's even funnier is the Journal Star says the CEO study is not evidence discrimination occurred, and then quotes the Dean, who admits discrimination occurred, but says it's OK!
Doesn't matter. Nebraska voters have heard too much of this kind of prevarication already, and are going to vote massively for the ban on preferences. "
Quick note wrote on October 15, 2008 7:23 am:
WCG wrote on October 15, 2008 7:31 am:
Most Nebraskans aren't deliberately racist (though far, FAR too many are). But unconscious, implicit racism is everywhere. Look how McCain and Palin use it to imply that Barack Obama is 'foreign,' somehow. The reality, of course, is that he's as American as any of us, a man who has lived the American dream, rising from poverty on his own intelligence and drive. But,... he's black, which means 'alien' to most Nebraskans.
The color of your skin still matters in Nebraska, still matters in America. And it is a huge DISADVANTAGE. Some truly exceptional people can overcome that, but more ordinary Americans have a much harder time. So, are we going to pick what's good for the state, what's good for the country,... or are we going to pick what might be good for ourselves only? If it's the later, note that this will be just a short-term benefit, because in the long-term, continued affirmative action will benefit ALL of us. "
Roger Clegg Ctr for Equal Opportunity wrote on October 15, 2008 7:43 am:
There’s really no controversy: When confronted with the study, the law school dean conceded that the school engages in such discrimination, and admits students from the favored races with lower academic qualifications than those of unfavored races. Not only are their LSAT scores lower, but their undergraduate grades are as well. As a result, a white resident of Nebraska in 2007 was more than twenty times less likely to be admitted than an African American applicant from out of state with the same academic qualifications.
The editorial’s other arguments are no better. For example, leveling the playing field is fine, but you can find people of all colors at both ends. Help for the disadvantaged should not depend on skin color. Finally, the states that have passed these ballot initiatives--California, Washington, and Michigan--have not seen a flood of litigation. Nebraska won’t either. "
bob wrote on October 15, 2008 8:18 am:
Bill wrote on October 15, 2008 8:45 am:
The truth that people can do well if they work at it, the truth that Government should not be inside of everything. "
lillian wald wrote on October 15, 2008 8:56 am:
Edgar Pearlstein wrote on October 15, 2008 9:01 am:
Still another kind of preference is geographical, as some colleges like to brag that they have students from all fifty ststes. "
Ricky wrote on October 15, 2008 9:17 am:
I predict the initiative will fail by about 60 - 40.
Ricky From Omaha "
rac wrote on October 15, 2008 9:59 am:
dave wrote on October 15, 2008 10:44 am:
Preferential treatment is simply discrimination against the non preferred class. Our current policy allows for and even encourages exclusion and division. Their actions are the reason to approve 424.
Discrimination is like a disease such as small pox. It has disfigured our society in the past with things that we can hardly even imagine today. It has improved greatly in the last 35 years. However, the disease can only be eliminated when every form of it is eradicted. As long as we have discrimination morphing into reverse discrimination, politically called preferrence, it can not be cured, it simply changes who it strikes.
It is PC to be against 424. However, discrimination because of race and gender must be eliminated, not celebrated by our public institutions as diversity.
Our university officials are seeking authority to decide on education by "who needs it most" by ethnic, racial or gender preference, not who is more qualified irregarless of these items. They are no more qualified to make this decision than you or I.
The decision is exceeding simple, If you want to continue discrimination then vote no and your unelected school officials can continue to decide who they wish to give preferrence to in hiring and in admittance into advance programs. However, if like me, you believe that discrimination based on gender and race is repugnant and needs eliminated then certainly vote yes. Don't let op ed pieces and editorials try to convince you that you can do away with discrimination by discriminating. That is as rediculous in depth as it is on its face. "
Perspective wrote on October 15, 2008 10:47 am:
After countless discussions I can gather that the real reasoning behind the two sides are
1.) Minorities are getting the jobs they don't deserve only because of their race, gender, and/or ethnicity.
Well we have to remember that being simply a Native American women does get anyone a job, they have to be qualified.
We also should remember that in our society white privilege is everywhere. Now white priviliege is not simply getting off on a traffic stop, but its also not having to be worried being scrutinized at work for being an Affirmative Action hire, not having members of your race being constantly viewed as criminals, and learning about history from your racial standing (Columbus day is really a federal holiday? We don't celebrate any other mass murderer's holiday).
Also do not demonize those who are white and who do not support this ban, I believe what they're doing (making the institution account for its past misdeeds) is very brave and noble especially in a state that votes whatever party leaders say.
PS. My last rant, can we please have an educated discussion, its troubling to see these comments about quotas still. They're outlawed end of story. "
wally wrote on October 15, 2008 11:03 am:
MarkyMark wrote on October 15, 2008 11:12 am:
Amber wrote on October 15, 2008 11:37 am:
All people, regardless of their race, religion, ethnicity, etc have some sort of prejudices. It is up to the person to confront these issues, accept them, and decide to not act on them. We are socialized to think and feel this way--we are a product of our society; however, we have the power to not let these unconscious feelings/beliefs overtake us.
Most Nebrakans are racists- although not all are outwardly racist. Banning AA is NOT going to make our society better. If anything, it is going to propel the disenfranchisment of minorities INCLUDING women!
Women, do you want white men to hold all the jobs? Do you want to continue making $.75 to every man's dollar? If yes, vote for the ban. I only hope that you can step up to the plate and realize that AA not only benefits minorities BUT more importantly- YOU!
Vote NO on the amendment- do something good for your state. "
Michael wrote on October 15, 2008 11:43 am:
R wrote on October 15, 2008 12:19 pm:
It's further evidence that this is a racially motivated ballot initiative. Instead of learning the real issues involved - why, for example, a law school may want to consider race, or class, or gender, or geographic location in admissions - all that matters is that people with dark skin are getting in when someone with white skin thinks they don't deserve to be.
November 4th will be an embarrassment to all Nebraskans who believe in TRUE fairness and equality, not a made-up measure of it that helps perpetuate centuries of racism in this country. "
A Nebraska Minority wrote on October 15, 2008 12:26 pm:
As a minority here in Nebraska, I am disgusted, yet not surprised, by the decision of the Lincoln Journal Star (among others) to take such a discriminatory stance against "leveling the playing field". My minority status does not mean I'm starting in a hole. And it does not qualify me for a head start. My childhood poverty and lack of "superior" education does not keep me from achieving and exceeding the standards put before me in education and work. The occasional acts of discrimination and hatred I and other minorities experience are not enough to keep me from pursuing my dreams. Please stop seeing me as needing "a leg up" because I'm a minority.
Though I can understand why Affirmative Action was necessary at first, years ago, it is not necessary for me today, and has truly become detrimental to my future and self-esteem. Without Affirmative Action, I am still protected by law from discrimination because of my minority status. With Affirmative Action, I am almost always recognized and evaluated based primarily on my minority status, sometimes for nearly nothing more.
I cannot wait for the day that my minority status does not influence my ability to compete with my fellow Americans fair and square. Only then will Nebraskans begin to accurately judge my worth as a person of character and integrity rather than as minority, here only to bring "diversity" to campuses and corporations.
If "diversity" is what you seek, please bring some successful minorities from the community in to lecture and/or participate in the learning process. There are plenty of them, and I'm sure they'd be willing to help. Don't expect it from me if I am an under-qualified student -- this just sets me up to eventually fail if I can't overcome obstacles far greater than the ones other "majority" students are presented with. I am not here for your lesson in "diversity". I am here to fairly compete with and learn from my fellow peers.
I, unlike the Lincoln Journal Star, am asking my fellow Nebraskans to consider my need and desire to be accepted as equal when voting this November. Please help us eliminate Affirmative Action. "
Tom wrote on October 15, 2008 1:11 pm:
Sadie wrote on October 15, 2008 1:38 pm:
Jeannie Jackson wrote on October 15, 2008 2:35 pm:
Tanya wrote on October 15, 2008 2:38 pm:
Gerard Harbison wrote on October 15, 2008 4:27 pm:
RD wrote on October 15, 2008 4:28 pm:
It doesn't sound like UNL is telling the truth. This is reverse discrimination. I think affirmative action should be banned in Nebraska and all over America. No more quotas. The best qualified should go to Law School and Medical School, and the best qualified should be hired as first-responders; ie Policemen, Firemen and our Military. We need to quit choosing people based on quotas, color, gender, marital status or race.
It appears that the federal earmark-loving, politically correct UNL School of Law believes in the 'dumbing down of America' concept and the Lincoln Journal Star endorsed King George the Psychopath twice, so I'm voting YES on IM 424. "
Clear wrote on October 15, 2008 4:54 pm:
Regardless of whether Initiative 424 passes or does not, discrimination based on race and/or sex will continue to be illegal in Nebraska and in the United States. I say this with the caveat that if the initiative fails, it will continue to be legal to discriminate against white males under Affirmative Action programs in Nebraska.
Affirmative Action programs are institutionalized systems of giving preference to individuals based on their race or sex. In other words, legally approved and even mandated discrimination. Granted this discrimination is intended to offset the 'advantages' that white males have in our society. Of course this ignores the fact that there are many privileged women and persons of color, and many white males who are underprivileged.
I believe that racism and sexism still exist in our society. And I believe that for the past 40 years Affirmative Action played a role in improving those social ills. However, now after 40 years of this institutionalized discrimination, I do not believe that it is currently a viable strategy. Discriminating against some as a way to ‘fix’ discrimination against others was a desperate move in desperate times. It is time to leave those desperate measures behind. "
stignob wrote on October 15, 2008 5:17 pm:
We as a nation wrote on October 15, 2008 5:19 pm:
We haven't grown enough to eliminate the NEED for Affirmative Action. In another 50-100 years, perhaps we will. "
Jody P. wrote on October 15, 2008 6:54 pm:
And the examples aren't limited to Asians, either. People from eastern Europe and the West Indies do the same thing. Throughout our history immigrants like the Italians and Irish have achieved success through sheer hard work.
That's something that liberal neo-socialists just can't grasp. They want people to be saying "give me this, give me that,..." instead of pulling themselves up the way millions upon millions of people have done. "
TR wrote on October 15, 2008 9:01 pm:
You and lots of others willfully ignore the social and economic structures that people are born into.
And just what does "neo-socialist" mean, in your world? "
Ugh wrote on October 15, 2008 10:44 pm:
In other words wrote on October 15, 2008 11:19 pm:
In other words, you and lots of others have hope for mankind.
I, for one, am glad! "
Cornfused wrote on October 15, 2008 11:46 pm:
Tzi wrote on October 16, 2008 12:06 am:
You're all in favor of "racial preferences" as long as the preference isn't white? Got it.
If diversity is so great, why isn't there more conservative opinion amongst your staff and at UNL campus? "
Nina wrote on October 16, 2008 9:13 am:
Diversity wrote on October 16, 2008 9:38 am:
Agree with Tom wrote on October 16, 2008 10:25 am:
Oh please. wrote on October 16, 2008 12:34 pm:
key word wrote on October 20, 2008 8:59 pm:
Tanya wrote on October 21, 2008 11:49 am:
And Jody, you insinuate because I have an opinion on the bootstrap metaphor/grand narrative that somehow I'm a "liberal neo-socialist"? Why can't I just be someone who cares about America and Americans and wants to participate in a civil, democratic debate?
A few or even thousands of examples do not necessarily justify a generalization or form a truth. And I say that even though my own grandfather, an Italian immigrant, was a fairly successful businessman. Even so, my family's one experience does not outweigh a social history and current events that demonstrate that the bootstrap model does not work. (For a discussion about this metaphor and how it is born out of the strict father model, consider language scholar George Lakeoff's work; a short piece of his can be found here: http://berkeley.edu/news/media/releases/2004/09/01_lakoff_gop2.shtml.)
And just an off-topic word about socialism...From it's birth, America has had socialistic--i.e., "in common"--qualities, including the postal service, public works, education, etc. Actually the most audacious act of "socialism" in American in my lifetime appears to be the current administration's rescue of the American banking system (note the deliberate choice of the word "rescue" versus some other word such as "takeover"). All of us, regardless of party affiliation or leaning, should be concerned about this decision. "
Bob Hopper wrote on October 27, 2008 11:06 am:
Lisa wrote on October 29, 2008 1:53 am:
no name wrote on November 2, 2008 9:54 pm:
One point only: Measure 424 states NOTHING about eliminating programs/scholarships/etc. based on economic need. If your argument is that minorities are poor and need assistance, then poor minorities can still get such assistance. So can poor whites. So can rural poor. So can urban poor.
Economic need is and would still remain a viable factor for consideration. "
Angee wrote on November 3, 2008 8:28 am: