Amendment 46, also known as the Colorado Civil Rights Initiative, was a proposed initiative on the

Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...

ballot for 2008. If ratified, Article II of the

Colorado Constitution The Constitution of the State of Colorado is the foundation of the laws and government of the U.S. state of Colorado. The Colorado State Constitution was drafted on March 14, 1876; approved by Colorado voters on July 1, 1876; and took effect u ...

would have stated:

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.

Controversy

The proposed initiative was sponsored by Californian

Ward Connerly Wardell Anthony "Ward" Connerly (born June 15, 1939) is an American political and anti-affirmative action activist, businessman, and former University of California Regent (1993–2005). He is also the founder and the chairman of the American Civ ...

. In April, 2008, a Colorado group sued, claiming that over 69,000 signatures on the ballot petition were invalid. Some citizens also claimed that they signed the petition through voter fraud. Governor

Bill Ritter August William Ritter Jr. (born September 6, 1956) is an American politician and lawyer who served as the 41st Governor of Colorado from 2007 to 2011. A member of the Democratic Party, he served as the district attorney for Denver before his ele ...

opposed the amendment, along with the Colorado Council of Churches.

Petition company

National Ballot Access was hired to manage this petition drive.

Result

Aftermath

Initiatives with the same language have been introduced and approved in five other states, including California (1996), Washington (1998), Michigan (2006), Nebraska (2008), and Arizona (2010); Colorado was the first state where it was defeated. On December 17, 2010 the

University of Colorado at Boulder The University of Colorado Boulder (CU Boulder, CU, or Colorado) is a Public university, public research university in Boulder, Colorado, United States. Founded in 1876, five months before Colorado became a Federated state, state, it is the fla ...

released a report analyzing the factors that led to the defeat of Amendment 46. According to the study, "...Coloradans overwhelmingly intended to support affirmative action on Election Day; arguably, were Amendment 46 a clearly worded referendum on attitudes toward affirmative action, it would have failed by a much wider margin: 66 to 34 percent." The report also found that (a) many voters were confused by the initiative, (b) voters who followed the measure in the media were more likely to oppose it, and (c) proposed alternative initiatives in support of equal opportunity contributed to the measure's defeat.Leadership Conference on Human and Civil Rights (December 17, 2010).
Report Analyzes Successful Campaign to Defeat Colorado's Anti-Equal Opportunity Ballot Measure.
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References

{{Affirmative action in the United States Amendment 46 2008 controversies in the United States Initiatives in the United States History of affirmative action in the United States Opposition to affirmative action Constitution of Colorado U.S. state constitutional amendments