Lawyer seeks petition drive to stop use of preferences

Critics say the goal is to end affirmative- action programs.
By BARBARA HOBEROCK World Capitol Bureau
9/11/2007

OKLAHOMA CITY -- An Oklahoma City lawyer filed notice Monday with the Secretary of State's Office of his intent to circulate an initiative petition that some critics say would wipe out state affirmative-action programs. The measure would add a new section to the state constitution. "The new section prohibits discriminating against or granting preferences to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, and public contacting by the state or any of its agencies, institutions, or political subdivisions," the proposed ballot title says, adding that it would not prohibit actions necessary for the state to obtain federal funding. The notice of intent to circulate the petition was filed by Oklahoma City lawyer Devin Resides, a Republican who failed to get elected in 2006 to the state House of Representatives. "This initiative will abolish all preferences based on the way a person looks," Resides said. "I don't think this will impact in any shape or form the reaching out to those Oklahomans that need help." Rep. Mike Shelton, D-Oklahoma City, chairman of the Oklahoma Legislative Black Caucus, said the measure would end state affirmative-action programs. "If that is not the reason, then why offer an initiative petition?" Shelton asked. Under state law, the petitioner has 90 days to gather the 138,970 signatures needed to qualify for a statewide vote. Resides said he doesn't want the measure to be labeled an anti-affirmative-action effort. "It is an anti-preference initiative," he said. If passed, the measure's impact would depend on how affirmative action is defined, Resides said. Affirmative-action policies are generally designed to promote access to education and jobs for historically disadvantaged segments of the population. Supporters say they redress past discrimination and level the playing field for minorities and women. "I think you could find 50 different people with 50 different options of what affirmative action is," Resides said. "I think I could find 50 people who would all agree with me that ending preferences is right for Oklahoma." Resides said he was contacted by Jennifer Gratz of the American Civil Rights Institute in California about the issue. California passed a similar measure.

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