Over the course of August 10th and 11th, Californians for Equal Rights (CFER) held its third annual conference in Irvine, Orange County. Following their successful leadership in opposing Proposition 16 in 2020, CFER has continued its efforts to defend California’s Proposition 209 alongside various organizations, groups, and residents.
In 1996, California voters approved Proposition 209, which prohibits discrimination or preferential treatment based on race, gender, color, ethnicity, or national origin in public education, public employment, and public contracting. However, over the past 28 years since 1996, advocates of race-based public policies have continuously attempted to challenge this regulation in court, state legislative bodies, and ballot initiatives.
In 2020, lawmakers put forward Proposition 16 to overturn Proposition 209 through a ballot measure. CFER was established to help rally over 57% of voters to reject it.
This year, CFER once again successfully thwarted ACA7, which was proposed last year. Gail Heriot, CFER’s Executive Vice President and law professor at the University of San Diego, stated that “ACA7 is different from Proposition 16 as it does not aim to directly repeal Proposition 209 but rather intends to create exceptions.”
ACA7 would authorize the governor to provide funding for projects benefiting groups based on race, color, ethnicity, national origin, or multiple gender identities in areas such as life expectancy, educational outcomes, or poverty alleviation to address perceived “disparities and inequalities.” Opponents argue that it could lead to de facto racial preferences and quotas.
CFER Chairman Xu Jiehe mentioned that upon receiving a warning about the proposal from the California Family Council, they promptly formed a campaign committee and reached out to legislators.
Heriot noted that when opposing Proposition 16, state lawmakers believed CFER would not succeed, but they were proven wrong. She mentioned that “We still went to Sacramento holding up signs and wearing T-shirts saying ‘No ACA7,’ telling Democratic lawmakers that if they supported the proposal, they might lose many voters, especially Asian Americans.” When the deadline arrived at the end of June to place the proposal on the ballot, lawmakers did not push ACA7, making them temporarily safe.
This year, CFER has also achieved two legal victories. After two years of effort, on July 23, the Alameda County Board of Supervisors voted to repeal two race-based public contracting programs that CFER and its co-plaintiffs had been concerned about. On the same day, San Francisco officials announced the discontinuation of the Gender Integration Framework Team (GIFT) program due to budget constraints and legal pressure.
Xu Jiehe expressed that with the assistance of the Pacific Legal Foundation and The Civil Rights Project over the past three years, CFER has lawfully challenged several municipal programs, including those in San Francisco and the San Diego Housing Commission, establishing their credibility.
CFER Executive Director Wu Wenyuan introduced, “In 2021-22, we blocked AB105 Vertical Mobility and prioritizing hiring individuals from racial, gender, or other identity groups in the civil service. In 2023, we stopped AB359 Double Enrollment, which aimed to provide or expand admission opportunities for students who have not yet attended college or are underrepresented in higher education. We also opposed AB1198 Energy Department Strategic Plan, which aimed to increase participation from disadvantaged groups such as women, minorities, and veterans in business and personal ventures.”
Tony Guan, Vice Chairman of Equal Rights for All PAC, spoke about grassroots efforts, stating, “We do not have support from mainstream media or any political party funding, solely relying on ourselves… But when we come together, we can be a powerful force. We all oppose policies based on racial preferences and believe in equal rights for all.”
Guan mentioned that during the pandemic in 2020, they organized a car rally against Proposition 16 for the first time, with hundreds of cars displaying “No Prop16” signs and people joining the caravan along the route. Continual activities followed every weekend, spreading their message through social and streaming media, breaking the silence of mainstream media.
Heriot stressed the need for more voter education to inform people about what is happening at the state, county, and city levels, stating, “During Proposition 16, we did well despite the opposition’s 14:1 funding advantage over us. We received numerous small donations from individuals; when someone donates $10, they understand something, and they will vote for you.” ◇