A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 31 of Article I thereof, relating to government preferences.

2025-2026 Regular Session Introduced by Isaac Bryan and 6 co-sponsors

ACA 7 - Government Preferences Constitutional Amendment OverviewBill Number: ACA 7 Title: A resolution to propose to the people of the State of California an amendment to the Cons

Read second time and amended. Re-referred to Com. on APPR.

#governmentpreferences

Overview

Bill Number: ACA 7
Title: A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 31 of Article I thereof, relating to government preferences.
Status: In committee: Hearing postponed by committee.
Introduced: February 13, 2025
Classification: constitutional amendment
Subject: Government preferences

Purpose and Intent

The purpose of ACA 7 is to amend the California Constitution to prohibit the state government from granting preferential treatment to individuals or groups based on race, sex, color, ethnicity, or national origin in public employment, public education, and public contracting. The intent is to ensure equal protection and non-discrimination in these areas of government activity.

Key Provisions

Repeals the current Section 31 of Article I, which allows for certain affirmative action programs and policies.

Adds a new Section 31 that explicitly prohibits the state from "discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, and public contracting."

Specifies that this prohibition applies to all state and local government entities, including schools, universities, and agencies.

Allows for court-ordered remedies to address unlawful discrimination, but prohibits the use of quotas, numerical goals, or other preferential treatment.

Affected Parties and Impacts

This amendment would impact all Californians who interact with state and local government agencies, particularly in the areas of public employment, education, and contracting.

It would eliminate the use of affirmative action and other preferential policies based on race, sex, ethnicity, etc. in these government activities.

Proponents argue it promotes true equal opportunity, while opponents contend it could reduce diversity and access for underrepresented groups.

Procedural and Timeline Considerations

ACA 7 is currently in the committee stage, with a hearing postponed. If it advances through the legislature, the proposed constitutional amendment would need to be approved by a two-thirds vote in both the State Assembly and State Senate. It would then be placed on the statewide ballot for consideration by California voters.