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State Question 759

State Question No.:  759 View Full Text: PDF document  Legislative Referendum No. 359
CITATION:New Section 36 to Article 2 
SUBJECT:Prohibits certain preferential treatment or discrimination

Next General Election, November 6, 2012 OKLA. CONST. Art. 24, ?1BALLOT TITLE:

This measure adds a new section to the State Constitution. It adds Section 36 to Article II.
The measure deals with three areas of government action. These areas are employment, education and contracting. 
In these areas, the measure does not allow affirmative action programs. Affirmative action programs give preferred treatment based on race, color or gender. They also give preferred treatment based on ethnicity or national origin. Discrimination on these bases is also not permitted. 
The measure permits affirmative action in three instances. 1. When gender is a bonafide qualification, it is allowed. 2. Existing court orders and consent decrees that require preferred treatment will continue and can be followed. 3. Affirmative action is allowed when needed to keep or obtain federal funds.
The measure applies to the State and its agencies. It applies to counties, cities and towns. It applies to school districts. It applies to other State subdivisions.
The measure applies only to actions taken after its approval by the people.

Re: State Question 759

  • Thoughts?  I'm pretty sure I find the wording to be leading by calling affirmative action discrimination and that bugs me. 

    I wish that AA was not necessary, and I'd like to see it limited to be utilized only in deciding cases of similarly qualified individuals, but I've seen hiring / pay discrimination personally and recently so I am afraid of the implications of preventing the use of AA policies. 

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