American Association of University Professors Committee on Government Relations
Statement on Michigan Proposal Two (2006)
(The “Michigan Civil Rights Initiative”)
On Tuesday, November 7, Michigan voters approved Proposal Two to amend the state constitution. The measure was also referred to as the “Michigan Civil Rights Initiative.” The ballot item read as follows:
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.
The Government Relations Committee of the American Association of University Professors (AAUP) is troubled by the outcome of this referendum. The national AAUP, along with the Michigan AAUP state conference, joined many in the state—including both the Democratic and Republican candidates for governor and the Michigan Civil Rights Commission—in opposing the measure, at least partly due to concerns that the overly broad wording could lead to unintended and damaging consequences for higher education.
For many years, the AAUP has taken a leadership role in higher education affirmative action debates by emphasizing the educational value of diversity. As early as 1978, the Association filed an amicus brief in Regents of the University of California v. Bakke to protect the primacy of the faculty role in developing educationally appropriate admissions criteria. More recently, the AAUP joined many higher education organizations in filing amicus briefs in the 2003 U.S. Supreme Court cases involving the University of Michigan, emphasizing the educational benefits of racial and ethnic diversity among faculty and students in higher education, and the necessity of preserving educators’ academic freedom in determining criteria for student admissions.
Michigan joins California and Washington as states that have enacted legislation which could limit the ability of colleges and universities to recruit a diverse faculty and a diverse student body. The AAUP will continue to monitor developments relating to this issue and is prepared to work vigorously with those who seek to promote diversity in higher education.
Read more about university responses to the Michigan CRI:
"Pact buys time for opponents of Prop 2.” Detroit Free Press. December 19, 2006.
“Michigan Universities Ask Court to Delay Enforcement of Racial-Preference Ban. ” Chronicle of Higher Education. December 12, 2006.
“Law School in Michigan Revises Admissions Policy to Comply With New Ban on Racial Preferences.” Chronicle of Higher Education. December 8, 2006. (subscription required)
“Retreat on Affirmative Action?” Inside Higher Ed. November 28, 2006.
Read more about other states facing similar issues.
“Adjusting a Formula Devised for Diversity.” New York Times. Dec. 13, 2006.
(updated 12/06)