Several commenters on my last post make the perfectly valid point that strong public support for referendum questions banning racial "preferences" in the generally liberal states of California, Washington, and Michigan is an indicator of public opposition to affirmative action programs. True enough. However, all three of these referenda were worded as banning "preferences." In a 1997 Houston referendum, opponents succeeded in getting the city government to reword an otherwise similar ballot question as banning "affirmative action" rather than "preferences" (see here for an account critical of the City's decision). Sure enough, the initiative was defeated by a 55-45 majority, even in relatively conservative Houston. In referenda as in polls, whether the public supports affirmative action policies depends on how the question is worded.
Related Posts (on one page):
- James Taranto on Affirmative Action and Public Opinion Polling:
- Public Opinion and the Wording of Referendum Questions Banning Racial "Preferences" and "Affirmative Action" :
- Interpreting Public Opinion Polls on Racial Preferences and Affirmative Action:
- Public Opinion on the Seattle Schools Cases:
Nobody said voters were rational.
Well, I have. The problem is that it's rational for voters to be poorly informed.
Have you accounted for the fact that within each state, where the proposition did not vary, the polling always showed far more support for AA than was shown behind closed doors? References to Houston can't answer that. You'd need to account for the intra-state gaps between polling and voting, right? And that gap is sizable, right?
I don't need to account for it, because it doesn't affect my argument that the amount of support for AA varies greatly based on question wording. The Houston example shows that that is true for referenda as well as for poll questions.
While I agree with the notion that "wording matters," I still think that your original post failed to account for the true level of public opposition to AA as expressed in the ballot box. I also think that the 1997 Houston situation, while interesting, is no trump card on that issue. The repeated phenomenon of a gap between polling and voting needs to be accounted for when we wish to gauge the true level of public opposition to AA.
Houston: 49.27% white, 25.31% black.
California: 79.75% white, 7.65% black.
Michigan: 83.05% white, 14.92% black.
Washington: 88.64% white, 4.12% black.
For example, should we reserve slots for folks with a given skin color/ethnic heritage? What kind of preference should we give folks with said characteristics?
Would the affirmative action advocates be happy with that kind of question? How about the opponents?
A PROPOSAL TO AMEND THE STATE CONSTITUTION TO BAN AFFIRMATIVE ACTION PROGRAMS THAT GIVE PREFERENTIAL TREATMENT TO GROUPS OR INDIVIDUALS BASED ON THEIR RACE, GENDER, COLOR, ETHNICITY OR NATIONAL ORIGIN FOR PUBLIC EMPLOYMENT, EDUCATION OR CONTRACTING PURPOSES
for ex, one component of AA is outreach - such as advertising in media popular with blacks or Hispanics. I doubt most people have a problem with this. it would survive referenda like the Mich one quoted in the comments.
it's in the interest of supporters of racial preferences to elide the difference b/w practices like that, which are popular (or at least not unpopular) and don't discriminate against anyone, and preferences, which are widely hated and discriminate on their face.
Question about the Michigan result:
Blacks number about 14% of the state's residents, but are a majority in the city of Detroit and in certain suburbs.
Has anyone measured whether the outlawing of Affirmative Action was popular or not among voters in those areas?
To my recollection, most of the advertising was mostly of the "Yes on Proposal N" or "No on Proposal N" variety. (There were 7 State Proposals on the ballot in that election, I think the anti-AA Proposal was Proposal 2.) How much was the phrase "Affirmative Action" in the public debate about the proposal?
As a non-attorney much of the discussion here genuinely disturbs me. The argument is made let's try and change the actual wording of the referenda or poll to get the desired results. If we just use AA we will get one result and if we say racial preferences we will get another.
Hyoothetical- you come into my office as your physician and I prescribe a brand new medication for you. You ask what are the side effects? In this carefully composed scenerio you are as uninformed of the facts as the average voter is of AA or racial preferences.
What is being suggested here is I should parse the words of my answer to you to get my desired result- you take the meds. But we all insist in medicine on "informed consent". Why not in referenda or even polls? Is it easy to find the correct language? Absolutely not but we must try if the voter can make a ratiomal informed choice.
It seems to me in the case we are discussing both sides believe just saying AA obfuscates the question. For some that is the goal. Maybe just saying racial preferences is not clear enough. But we have some great legal minds here and I would bet if I locked you in a room for a few hours a sentence could be agreed on which would actually tell us what our citizens want.
I wish, during the GOP Congress era, someone had proposed repealing Title VII and re-enacting it with . . . the identical language. Would floor debate showing that their "intent" somehow mean that they could effect a major change in the law by re-enacting the same darn text?
Too funny.
The former is fine. The latter is racism.
WAYNE 622,261 254,545 367,716
SAGINAW 78,596 42,923 35,673
OAKLAND 497,839 284,554 213,285
GENESEE 160,587 93,024 67,563
INGHAM 102,774 49,539 53,235
JACKSON 55,372 34,269 21,103
Is there any other way to look at it?
“Shall the Missouri Constitution be amended to prohibit any form of discrimination as an act of the state by declaring:
“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?”
The office of the Democratic Secretary of State (Carnahan) used this language for the ballot:
“Shall the Missouri Constitution be amended to:
“Ban affirmative action programs designed to eliminate discrimination against, and improve opportunities for, women and minorities in public contracting, employment and education; and
“Allow preferential treatment based on race, sex, color, ethnicity, or national origin to meet federal program funds eligibility standards as well as preferential treatment for bona fide qualifications based on sex?”
The statements would seem to convey very different impressions and appear to be an attempt to "load" the dice for the voting.