Guest Opinion | Andra Hoffman and Linda Wah: It’s Not 1996 Anymore. Let’s Act Like It.

It’s November 1996.  Republican Pete Wilson is Governor of California.  California’s Congressional delegation is split exactly down the middle between Democrats and Republicans.  Sonny Bono is a Congressman.  A dance craze called the Macarena is sweeping the nation.  And California voters passed Proposition 209 banning consideration of race, gender, or ethnicity in any public employment, public education, or public contracting decisions. Perhaps not surprisingly, the largest majorities voting in favor of Proposition 209 were white males.

In essence, Prop. 209 allowed for continued systemic inequality and injustice in most of our public institutions.  Were you a first generation student of color from an under-resourced community with a single parent working multiple jobs to support the family, attending struggling public schools with limited resources, yet managed to graduate high school with a solid academic record while perhaps advocating for better conditions in your community?  The University of California system, for instance, was no longer allowed to give your application any different consideration than a white student from an affluent neighborhood who attended private schools, had parents with the resources to offer them SAT prep, had the free time to participate in a wide variety of extracurricular activities, and knew plenty of people who could coach them through the application process.  That’s not to say that the white student was any less deserving.  It’s simply to say that, as a society, we need to recognize that students travel very different paths towards the same “starting line.”  Or, even more basically, we shouldn’t be legally barred from recognizing their very different paths and accomplishments under different circumstances.

The California of 2020 is more diverse than ever.  It is more progressive than ever.  And our State is stronger for it.  Yet, systemic inequities remain.  While 67% of California’s community college students come from under-represented backgrounds, those numbers fall to 45% for the California State University system and just 26% for the UC system.  Minority representation in public contracting has also plummeted – the Equal Justice Society estimates that $1 billion is lost annually by women- and minority-owned businesses.  More perniciously, Prop. 209 bans the collection of data based on race, gender, or other considerations, making measuring its true impact even harder.

Today, the Legislature is poised to give California voters the chance to rectify this antiquated law passed by a very different state in a very different time.  ACA 5 would remove the language added by Prop. 209 to the State’s Constitution, allowing our public institutions to address systemic racism and inequality that has persisted in our society, and for which we have seen so much activism over the last few weeks.

We have heard a lot over the last few weeks about the role we all play in combatting racism and other forms of injustice.  Those of us who have not lived with the burdens that come from systemic inequities – those of us who have not been needlessly hassled by law enforcement or pulled aside at an airport or followed around a store while shopping – need to do more to combat these issues when they arise.  Essentially, it’s not enough to “not be racist.”  We need to be actively “anti-racist.”  Prop 209 codified historic inequities into law and that’s not unacceptable.

And, while we are all rightfully focused on racial and ethnic inequities right now, we would be remiss in not pointing out the continued inequities faced by women.  Women still make less than men for doing the same jobs.  Women still face higher hurdles for starting businesses or obtaining contracts or getting promoted.  While we have made great strides, women still face systemic challenges at being treated fairly or equally in schools and in our workplaces.

Surprisingly to many people, California is one of only eight states with a legal ban on ensuring equal opportunity for all.  And, even worse, California was the first state to pass such a ban.  Today, a vast majority of Californians say they favor affirmative action and the opportunity to help address longstanding barriers to equality and fairness.  Prop. 209 would never pass in today’s California – it’s unlikely that it would even make the ballot.  While Californians pride themselves on leading the nation in equality, justice, fairness, and opportunity for all, it’s beyond time to right this historic wrong.  The State Legislature needs to put ACA 5 on the ballot and Californians need to vote yes.  We are confident they will.

Andra Hoffman is President of the Los Angeles Community College District Board of Trustees.  Linda Wah is a member of the Pasadena Area City College Board of Trustees.