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  • Yizheng Wang

Merit or Race

Updated: Jul 30

-California Assembly Constitutional Amendment No.5 (ACA5)




California Assembly Constitutional Amendment NO.5, also known as ACA5, has recently been one of the hot topics due to its profound impacts on the racial distribution in the California public employment and education sectors. The discussion of ACA5 has to date back to 1996 when Proposition 209 was published. As one of the many states in the United States, California made it illegal to “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” (Proposition 209, 1996) as early as the 1990s. However, ACA5 intended to achieve affirmative action by repealing such law, which was listed as the Section 31 of Article I. The advocates of ACA5 claim that this bill guarantees the fairness in education and job market especially when many minorities and women suffer the COVID-19 while the opponents believe this might cause the importance of race to outweigh capability as well as jeopardizing the interest of some minority groups.


This ultimately leads us to the question: Will all the minorities benefit from this bill? Indeed, the intention is to help women and minorities in California to overcome their hardships in education and employment. But some opponents doubt that this may be another form of discrimination since people with good merit and experience might lose their jobs because of their race. People doing excellent work on their jobs might be forced to quit the jobs and handed over to those lacking relevant experience, leading to low work efficiency. And this is just because they are not the desired race. In the meantime, others worry about its effectiveness and further consequences. For example, this bill concerns some Asian Americans because they are afraid of being sacrificed by this affirmative action in the public education system. Those Asian Americans opposing this amendment think such a bill would drastically decrease the proportion of Asian Americans in college.


This controversial topic is still an ongoing debate. Is ACA5 essentially a “reverse racism” as the opposition expressed? Is ACA5 going too far? Where do you stand on this issue? At the end of the day, it’s a choice between merit and race.

近来加州众议院第5号宪法修正案 (ACA5)成为了热度很高的话题之一,主要的原因便是其会对不同族裔在加州公共教育和职场产生深远的影响。如果我们要追根溯源,那么在1996年提出的加州209号法案就是一个开端。如同美国其他的州一般,加州早在1996年也提出了反对在入职,入学时由于种族,性别,肤色以及国籍而做出歧视或者优待的法案。但是现在ACA5想要废除这条加州宪法中的法案来达到平权的目的。ACA5的拥护者们认为这个法案能够保证少数族裔以及妇女在教育以及职场的公平性,特别是在新型冠状病毒流行期间;然而反对者们相信这可能会导致一种种族比能力更重要的社会现象,甚至还会损害少数族裔中其中一部分人的权益。

如此一来,所有的讨论都会归结到一个问题:所有的少数族裔都会受益于ACA5吗?这个法案的初衷确实是保护加州的妇女以及少数族裔并且让他们在教育和工作上渡过难关。然而,反对它的人们会怀疑这是否会导致另一种歧视呢?毕竟有能力的人们可能会因为他们的种族而丢掉工作。在自己工作岗位上拥有卓越能力并交出完美答卷的人很有可能会因为自己不是特定的种族而被迫把工作转交给对这项工作并不熟悉的人,长此以往甚至可能会导致整个社会的低效工作。同时也有人担心ACA5的效果以及其会产生的深远影响;比如亚裔们会担心自己或者孩子们成为这项法案在教育系统的牺牲品。这种担心出于亚裔的入学率可能会在新法案通过后骤降。

现在这个有争议的话题仍然是一件正在进行的事情。你觉得ACA5的通过会是“逆向种族歧视“吗?ACA5是否在平权的路上走地太远了呢?你的立场是什么?归根结底,这是一场在种族与能力之间的选择。








Reference

1. California Constitution, Article I Declaration of Rights [Section 1- SEC. 32]

2. Symon, Evan (17 March 2020). "Affirmative Action Could Return Under New State Constitutional Amendment Proposal".californiaglobe.

Chen, S. (2020, June 01). Why affirmative action is necessary – from Harvard to California. Retrieved June 30, 2020, from https://calmatters.org/commentary/why-affirmative-action-is-necessary-from-harvard-to-california/

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