STATEMENT OF THE AMERICAN ASSOCIATION FOR AFFIRMATIVE ACTION (AAAA) ON THE AMERICAN CIVIL RIGHTS INSTITUTE’S ANTI-AFFIRMATIVE ACTION CAMPAIGN

STATEMENT OF THE
AMERICAN ASSOCIATION FOR AFFIRMATIVE ACTION (AAAA)
ON THE AMERICAN CIVIL RIGHTS INSTITUTE’S ANTI-AFFIRMATIVE ACTION CAMPAIGN

Unsatisfied with the outcome in the 2003 Grutter v. Bollinger case, where the US Supreme Court held that diversity in higher education admissions was constitutional, the American Civil Rights Institute (ACRI) launched an effort to circumvent the decision and amend state constitutions to outlaw affirmative action. After its successful effort to side-step the Court in Michigan, ACRI, led by California businessman Ward Connerly, has begun a campaign, called the “Super Tuesday for Equal Rights,” to pass similar ballot initiatives in five additional states: Nebraska, Oklahoma, Missouri, Arizona and Colorado.

We find the ACRI’s efforts deceptive, short-sighted and morally suspect. In Michigan, there have been numerous complaints that voters who signed petitions for ballot initiatives were misled to believe that they were approving a measure that was pro-civil rights, not anti-affirmative action. Citizens testified before the Michigan Civil Rights Commission and later in federal district court that Connerly’s canvassers lied or otherwise misled them to secure their signatures. The court effectively condemned the canvassers as engaging in “systematic voter fraud by telling voters that they were signing a petition supporting affirmative action.” (Operation King’s Dream, et al., v. Ward Connerly, et al., http://www.bamn.com/doc/2006/060829-tarnow-decision.pdf)

The essence of affirmative action is opportunity. Affirmative action laws ban quotas and preferences. Yet, the opponents of affirmative action consistently obfuscate the facts, without offering a scintilla of evidence that so-called “preferences” have harmed their constituents. Affirmative action remedies the current effects of past discrimination and prevents discrimination by eliminating barriers to equal opportunity in employment and business enterprise. In higher education, the Supreme Court made clear that race could be one of many factors, like geographic diversity and athletics, in holistically determining qualifications for admission. As Supreme Court Justice Harry Blackmun wrote, “In order to get beyond racism, we must first take account of race. There is no other way.” Former Secretary of State Colin Powell said: “Affirmative action in the best sense promotes equal consideration, not reverse discrimination.”

AAAA is pleased that ACRI’s efforts to promote Oklahoma and Missouri Civil Rights Initiatives have failed and that the petitions have been withdrawn. ACRI’s shameful and deceptive campaign must be challenged at every turn. We support the civil rights and civil liberties organizations who have mounted a legal defense of equal opportunity through affirmative action and we join them in calling on all fair-minded men and women who understand the continuing importance of affirmative action to stand with us. We must be one nation if we are to succeed in a global marketplace. To that end, everyone must have a chance to compete. This is not the time to turn back.

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

April 23, 2008
(Updated, May 4, 2008)