Analysis: New Mexico one of 41 states that do not ban affirmative action

Analysis: New Mexico one of 41 states that do not ban affirmative action
New Mexico Gov. Michelle Lujan Grisham, left, and Chief Justice John Roberts — New Mexico Governor's Office and U.S. Supreme Court's website
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With the U.S. Supreme Court expected to rule this summer on the constitutionality of affirmative action in college admissions, an analysis by the Enchantment State News shows that New Mexico is one of 41 states that currently allow affirmative action.

The first state to ban affirmative action was California, which passed Proposition 209 in 1996. This measure prohibited the consideration of race, gender and ethnicity in public employment, education and contracting.

In 2020, voters in California rejected a ballot measure that would have reinstated affirmative action in public employment, education and contracting, Voters rejected Proposition 16 by a margin of 57% to 43%

Michigan banned affirmative action through a 2006 voter-approved amendment to the state constitution, which prohibited preferential treatment on the basis of race, gender, ethnicity or national origin in public employment, education and contracting. The “Yes” vote on the measure was 58%, compared to 42% voting “No.”

In 2014, the U.S. Supreme Court upheld Michigan’s ban on affirmative action in higher education admissions in a 6-2 decision.

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Which States Ban Affirmative Action?

State Prohibition on Affirmative Action Programs?
Alabama No
Alaska No
Arizona Yes
Arkansas No
California Yes
Colorado No
Connecticut No
Delaware No
Florida Yes
Georgia Yes
Hawaii No
Idaho No
Illinois No
Indiana No
Iowa No
Kansas No
Kentucky No
Louisiana No
Maine No
Maryland No
Massachusetts No
Michigan Yes
Minnesota No
Mississippi No
Missouri No
Montana No
Nebraska Yes
Nevada No
New Hampshire Yes
New Jersey No
New Mexico No
New York No
North Carolina No
North Dakota No
Ohio No
Oklahoma Yes
Oregon No
Pennsylvania No
Rhode Island No
South Carolina No
South Dakota No
Tennessee No
Texas No
Utah No
Vermont No
Virginia No
Washington Yes
West Virginia No
Wisconsin No
Wyoming No

Source: State laws, executive orders and constitutional amendments.



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