Initiative Measure 424 on the Nov. 4 ballot would strip away important tools for preserving equal opportunity in Nebraska.
Posted: Tuesday, October 14, 2008 7:00 pm
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.