Despite voters in Washington State strongly rejecting a referendum last November that that would have resurrected affirmative action in the state, state legislators are still advocating for it and recently passed a bill that creates a statewide initiative to promote inclusion.
Referendum 88 was pushed by Democrats and would have replaced a 1998 referendum that prohibited "reverse discrimination where race or gender is used by the government to select a less-qualified applicant over a more-qualified applicant."
Proponents of Referendum 88 said the new plan would not allow quotas or preferential treatment based on race, sex or ethnicity.
In the context of this initiative, preferential treatment was defined by Referendum 88 as “the sole qualifying factor to select a lesser-qualified candidate over a more-qualified candidate for a public education, public employment, or public contracting opportunity.”
Critics say the problem with the referendum is that it could have created a loophole for all preferential programs because none exist that rely solely on race as a qualifier. Another concern raised was that quotas would not be permitted, but the referendum did not define quotas.
Under this new affirmative action proposal, the state would establish a Governor’s Commission on Diversity, Equity and Inclusion tasked with ensuring each government agency was in compliance with the new law.
While those supporting the proposal believed it would pass with flying colors, Washington voters knew quotas would somehow be part of program and used as a way to enforce compliance and measure effectiveness.
Seemingly unfazed by the defeat, Washington Democrats are moving forward and recently passed House Bill 1783, which would establish a statewide Office of Equity within the Governor’s Office to reduce systemic disparities.
The bill passed the House on a 56-41 vote last month and is now headed to the Senate.
The question many still wonder when it comes to affirmative action is how the government would be able to enforce inclusion without the use of quotas.