既然要说SCA5,那我们就看看这东东到底是什么,这东东很boring很dense,但是不看,说话比较容易偏题。大家都是hightly educated,咬咬牙看一下吧。这是二月时Hernandez交给state assembly 的版本,也就是同胞们团结一致炮轰的版本。斜体是SCA5引入的部分,strike through是SCA5取消的部分,原始法律也就是现有的加州州宪法,第31节。 大家只要看(a)和(b)就够了。 SEC. 31. (a) The State shall not discriminate against, or grant 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, or public contracting.
(b) Notwithstanding subdivision (a), this section does not prevent state institutions of higher education from implementing student recruitment and selection programs that are permissible under the equal protection clause of the Fourteenth Amendment to the United States Constitution.(b)
(c) This section shall apply only to action taken after the section's effective date. (c) Nothing in this
(d) This section shall not be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting. (d) Nothing in this
(e) This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section. (e) Nothing in this
(f) This section shall not be interpreted as prohibiting action which must be taken to establish or maintain eligibility for any federal program, where if ineligibility would result in a loss of federal funds to the State. (f)
(g) (1) For the purposes of this section, "State" shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. (2) For the purposes of this section, "state institutions of higher education" shall mean: (A) the California Community Colleges; (B) the California State University, and each campus, branch, and function thereof; and (C) each campus, branch, and function of the University of California. (g)
(h) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law. (h)
(i) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
上面sub-section(b),我用bold来highlight的部分也就是最有争议的部分,是对上面sub-section(a)的逆反。上面sub-section(a)规定了不能用种族(among others)作为歧视或者优待的衡量标准。下面sub-section(b)马上说,大学录取等只要符合equal protection,就可以不受sub-section(a)的限制。
教练说的,对穷困贫苦孩子的适当照顾,和依种族为考量根本是两回事。前者其实是被广泛采用的,只是用的是social economical尺度,这个大家是不反对的,反对的是单纯用种族(也就是肤色)说事。 不要混淆了。