A proposed constitutional amendment aimed at preserving some affirmative action programs moved forward Wednesday, despite concerns that its language is deceptive.
The state’s three-member Ballot Title Setting Board approved ballot language voters would see for Amendment 61, but two members were troubled by what they saw as contradictory and misleading wording.
Amendment 61 comes in response to Amendment 31, a proposal aimed at ending state affirmative action programs. The title board approved Amendment 31’s language in June.
Amendment 61 backers said Wednesday that their proposal would preserve “modest equal opportunity programs.”
The proposed amendment reads, “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 public hiring, contracting or education. But it adds, “Nothing in this section shall be interpreted as limiting the state’s authority to act consistently with standards set under the United States Constitution, as interpreted by the United States Supreme Court” in public hiring, contracting or education.
Supporters could start gathering signatures in weeks unless the panel’s decision is challenged.
Melissa Hart, an attorney representing the proponents, said she expects such a challenge.
Tim Hoover: 303-954-1626 or thoover@denverpost.com
