既然要說SCA5,那我們就看看這東東到底是什麽,這東東很boring很dense,但是不看,說話比較容易偏題。大家都是hightly educated,咬咬牙看一下吧。這是二月時Hernandez交給state assembly 的版本,也就是同胞們團結一致炮轟的版本。斜體是SCA5引入的部分,strike through是SCA5取消的部分,原始法律也就是現有的加州州憲法,第31節。 大家隻要看(a)和(b)就夠了。 SEC. 31. (a) 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 the operation of public employment, public education, or public contracting.
(b) Notwithstanding subdivision (a), this section does not prevent state institutions of higher education from implementing student recruitment and selection programs that are permissible under the equal protection clause of the Fourteenth Amendment to the United States Constitution.(b)
(c) This section shall apply only to action taken after the section's effective date. (c) Nothing in this
(d) This section shall not be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting. (d) Nothing in this
(e) This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section. (e) Nothing in this
(f) This section shall not be interpreted as prohibiting action which must be taken to establish or maintain eligibility for any federal program, where if ineligibility would result in a loss of federal funds to the State. (f)
(g) (1) For the purposes of this section, "State" shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. (2) For the purposes of this section, "state institutions of higher education" shall mean: (A) the California Community Colleges; (B) the California State University, and each campus, branch, and function thereof; and (C) each campus, branch, and function of the University of California. (g)
(h) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law. (h)
(i) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.
上麵sub-section(b),我用bold來highlight的部分也就是最有爭議的部分,是對上麵sub-section(a)的逆反。上麵sub-section(a)規定了不能用種族(among others)作為歧視或者優待的衡量標準。下麵sub-section(b)馬上說,大學錄取等隻要符合equal protection,就可以不受sub-section(a)的限製。
教練說的,對窮困貧苦孩子的適當照顧,和依種族為考量根本是兩回事。前者其實是被廣泛采用的,隻是用的是social economical尺度,這個大家是不反對的,反對的是單純用種族(也就是膚色)說事。 不要混淆了。