The Jackson Citizen Patriot
Civil-rights proposal: Let the voters decide

Sunday, September 03, 2006

There is bound to be sharp debate over the Michigan Civil Rights Initiative. However, it's time for the ballot proposal's adversaries to accept reality: The people of Michigan are capable of deciding this controversial battle on its merits.

Here's a brief history of the initiative and its opposition in Michigan.

• The Michigan Civil Rights Initiative is a proposed constitutional amendment that would prohibit preferences based on race, gender, color, ethnicity or national origin in public employment, education or contracting. That means, for example, that universities could not use race as a factor in the admissions process. Government could not use affirmative-action programs to keep minority employment at a percentage that reflects the population. Giving businesses owned by women or minorities preference in awarding contracts would be prohibited. All of those things are routinely done now.

The petition language for this ballot initiative was approved in 2004. In 2005 circulators turned in 500,000 signatures, far more than the needed 351,000. After a ridiculous effort by Democrats on the state Board of Canvassers to block the initiative, in January it was approved for the Nov. 7 ballot.

• From the outset, a group called By Any Means Necessary (BAMN) has been trying to prevent the initiative from appearing on the ballot. Petitioners were shadowed by BAMN members, who used bullhorns to menace signers. BAMN organized raucous demonstrations to intimidate the Board of Canvassers. On the legal front, BAMN has sued to keep the initiative off the ballot, alleging its promoters engaged in fraud. In a court ruling last week, U.S. District Judge Arthur Tarnow, though agreeing promoters had "engaged in systematic voter fraud," ruled that was insufficient to disqualify the measure from the ballot under the Voting Rights Act.

That should have settled the issue -- let the people of Michigan decide. But BAMN hasn't abandoned its effort to protect voters from the issue. The group announced Friday that another legal appeal would be made. We think that is a mistake.

While some polling suggests voters favor this amendment, none of us knows how an all-out debate over civil rights will end in Michigan. Perhaps not like it did in California and Washington, which passed similar proposals.

In our view, that debate should take place, openly and honestly. While we are withholding our final say on the measure, we have heard enough to reach some conclusions:

1. The ballot language should be read carefully. It could be easy to vote "no" if you mean "yes," or "yes" if you mean "no." The best insurance is to read the language carefully.

2. Make certain you understand what each side means by basic terms like "civil rights" and "affirmative action." To supporters of this initiative, it is a violation of even-handed civil rights to give some citizens a job, or a contract, or admittance to a university based on race or gender. To opponents, to give such preferences is affirming civil rights and correcting past inequities. Those two interpretations clash -- not just in this ballot battle, but in our culture.

Make no mistake. This is a huge issue, with far-reaching implications. The nation has changed since the civil-rights revolution of the 1960s. There is increasing debate, even within the black community, over the long-term impact of giving preferences: Does it weaken minorities rather than help them? Does it stigmatize minorities as only being able to get a job, or college admission because they are black, or because they are a woman? Is it time to re-evaluate whether "affirmative action," as we have traditionally defined it, is necessary?

As uncomfortable as this debate is, it needs to occur. And the people of Michigan, like it or not, are the proper decision-making authority for this significant issue. With due respect for all who believe otherwise, let the people decide this one.

-- Jackson Citizen Patriot

Monday: Labor Day as a starting line

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