Affirmative action supporters fight proposed amendment

By TIM HOOVER
The Star’s Jefferson City correspondent
Kansas City Star
Sep. 08, 2007 10:15 PM

JEFFERSON CITY A proposed Missouri constitutional amendment to bar state programs that give preference based on race or gender has drawn a second lawsuit — this one from affirmative action supporters.
Steve Israelite, former executive director of the Jewish Heritage Foundation of Kansas City, and Greg Shufeldt, political director for the St. Louis-based Missouri Progressive Vote Coalition, are plaintiffs in the lawsuit.
The case was filed recently in Cole County Circuit Court against Secretary of State Robin Carnahan and State Auditor Susan Montee.
The proposed amendment would end gender and race preferences in state hiring, contracting and education. However, it would not preclude gender preferences in public housing, education or contracting that are “reasonably necessary,” and it would not apply in instances where federal program funds would be lost.
The most recent lawsuit alleges that the ballot title Carnahan approved is “insufficient and unfair” and “is likely to deceive and mislead voters.” The language Carnahan approved does not say that the measure would allow discrimination on the basis of religion, disability, age or veteran status, the lawsuit argues.
And the fiscal note that Montee approved, which says that state and local government costs are unknown, also is insufficient and unfair, the lawsuit alleges. Montee did not do enough research to determine actual costs, the lawsuit argues.
“I feel very strongly about the disparity that goes on in the nation between blacks and whites,” Israelite said. “Affirmative action is designed to help ameliorate those disparities.”
The lawsuit also alleges that the proposed amendment violates the state constitution because it deals with multiple subjects and would amend more than one section of the constitution. The amendment also runs afoul of rights guaranteed in the U.S. Constitution, the lawsuit argues.
The Missouri Civil Rights Initiative filed the petition for the constitutional amendment and also is challenging Carnahan’s ballot language. Cole County Circuit Judge Patricia Joyce has combined the lawsuits, and trial is set for Oct. 30.

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