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Hoosier State Today

Friday, May 3, 2024

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

Indiana

Indiana Gov. Eric J. Holcomb, left, and Chief Justice John Roberts | Indiana Governor's Office and U.S. Supreme Court's website

Indiana Gov. Eric J. Holcomb, left, and Chief Justice John Roberts | Indiana Governor's Office and U.S. Supreme Court's website

With the U.S. Supreme Court expected to rule this summer on the constitutionality of affirmative action in college admissions, an analysis by the Hoosier State Today shows that Indiana 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?

StateProhibition on Affirmative Action Programs?
AlabamaNo
AlaskaNo
ArizonaYes
ArkansasNo
CaliforniaYes
ColoradoNo
ConnecticutNo
DelawareNo
FloridaYes
GeorgiaYes
HawaiiNo
IdahoNo
IllinoisNo
IndianaNo
IowaNo
KansasNo
KentuckyNo
LouisianaNo
MaineNo
MarylandNo
MassachusettsNo
MichiganYes
MinnesotaNo
MississippiNo
MissouriNo
MontanaNo
NebraskaYes
NevadaNo
New HampshireYes
New JerseyNo
New MexicoNo
New YorkNo
North CarolinaNo
North DakotaNo
OhioNo
OklahomaYes
OregonNo
PennsylvaniaNo
Rhode IslandNo
South CarolinaNo
South DakotaNo
TennesseeNo
TexasNo
UtahNo
VermontNo
VirginiaNo
WashingtonYes
West VirginiaNo
WisconsinNo
WyomingNo
Source: State laws, executive orders and constitutional amendments.

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