BlackPast.org Facebook BlackPast.org Twitter

Donate to BlackPast.org BlackPast Blog
  • African American History
  • African American History in the West
  • Global African History
  • Perspectives

NOTE: BlackPast.org will not disclose, use, give or sell any of the requested information to third parties.

2 + 0 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.

Shop Amazon and help BlackPast.org

Blackpast.org in the Classroom

Nebraska Civil Rights Initiative 424 (2008)

Title
A Constitutional amendment to prohibit the state from discriminating against, or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education or public contracting; to apply the amendment only to action after the amendment’s effective date; to allow bona fide qualifications based on sex that are reasonably necessary; to exempt any court order or consent decree that is in force as of the effective date of this amendment; to provide an exception for certain federal programs; to define state for purposes of the amendment; to provide for remedies; to make the amendment self-executing; to make provision in the event of conflict with federal law or the United States Constitution; and to provide for severability.


Text of Measure
Be it enacted by the people of the State of Nebraska that, Article I of the Constitution of Nebraska be amended by adding a Section 30 as follows:

(1) 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.

(2) This section shall apply only to action taken after the section’s effective date.

(3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.

(4) Nothing in this section shall invalidate any court order or consent decree that is in force as of the effective date of this section.

(5) Nothing in this section prohibits action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.

(6) For purposes of this section, state shall include, but not be limited to: (a) the State of Nebraska; (b) any agency, department, office, board, commission, committee, division, unit, branch, bureau, council, or sub-unit of the state; (c) any public institution of higher education; (d) any political subdivision of or within the state; and (e) any government institution or instrumentally of or within the state.

(7) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Nebraska’s antidiscrimination law.

(8) This section shall be self executing. If any part or parts of this section are found to be in conflict with federal law or the Constitution of the United States, this section shall be implemented to the maximum extent that federal law and the Constitution of the United States permit. Any provision held invalid shall be severable from the remaining portions of this section.



Sources:

Nebraska Civil Rights Initiative Website, http://www.nebraskacri.org/
Copyright 2007-2017 - BlackPast.org v3.0 NDCHost - California | blackpast@blackpast.org | Your donations help us to grow. | We welcome your suggestions. | Mission Statement

BlackPast.org is an independent non-profit corporation 501(c)(3). It has no affiliation with the University of Washington. BlackPast.org is supported in part by a grant from Humanities Washington, a state-wide non-profit organization supported by the National Endowment for the Humanities, the state of Washington, and contributions from individuals and foundations.