Effect on Public Schools, Universities, and Local Governments

Michigan Affirmative Action Ban: Effect on Public Schools, Universities, and Local Governments

January 2007
On November 7, 2006, Michigan voters approved an amendment to the Michigan Constitution banning race and gender-based affi rmative action programs and preferences by public agencies and bodies. Proposal 2 (also known as “Michigan Civil Rights Initiative” or “MCRI”) becomes Article I, Section 26 of the Michigan Constitution and prohibits Michigan state and local governments from discriminating against or granting preferential treatment to any individual group based on race, sex, color, ethnicity or national origin in the areas of public education, public employment or public contracting. This constitutional amendment took effect on December 23, 2006. The courts ultimately are likely to provide guidance as to the scope of new Article I, Section 26. Until that occurs and regardless of one’s personal views, public officials must consider how this new law affects hiring policies, contracting programs, educational curricula, admissions and financial aid decisions, and scholarships. Click below for the full alert.