Move to restore affirmative action trails

California was poised to retain its ban on affirmative action for government agencies and public universities, with voters rejecting a ballot measure that would again allow the consideration of race and sex in state hiring, contracting and admissions decisions.

With votes still rolling in, Proposition 16 trailed 55% 45% on Tuesday night, with a simple majority needed for passage.

The initiative would overturn a ban that its supporters say has created a colorblind meritocracy in California and critics argue has prevented the state from eliminating obstacles that hold back women and people of color.

Nicole Derse, strategist for the campaign, said backers were hoping for a surge of late votes from young people and people of color.

“Obviously, we’re concerned about where we are right now, but we’ve fought to make sure Californians know Proposition 16,” she said.

California was the first state to prohibit affirmative action in 1996, when voters approved Proposition 209 with nearly 55% of the vote. Eight more states have since followed.

The issue remains deeply controversial, however, and legal fights continue, particularly over the use of race in college admissions policies. Efforts to restore affirmative action policies have been slow to gain momentum, even in liberal states. Last year, Washington voters narrowly blocked the state Legislature from reversing a ban that was passed in 1998.

“If this measure can be rejected in California, it sends a powerful national signal,” said Arnold Steinberg, strategist for the opposition to Prop. 16.

Supporters hoped a national reckoning over racism and police brutality would convince the California electorate to reconsider. Amid nationwide protests this summer, state lawmakers voted overwhelmingly to place the measure on the ballot.

The campaign also had a significant financial advantage, raising more than $ 20 million to about $ 1.5 million for the opposition. Endorsements for Prop. 16 came from much of the state’s Democratic political establishment, as well as the traditionally conservative California Chamber of Commerce.

While explicit racial quotas have been ruled unconstitutional by the U. S. Supreme Court, supporters said Prop. 16 would allow the state to bring back affirmative action programs such as a policy that allowed women and people of color to be considered for civil service jobs even if they were not ranked among the top three candidates for a position.

The University of California also endorsed Prop. 16 this summer. Black and Latino enrollment at UC declined immediately after Prop. 209 took effect, but has since rebounded as the university developed new recruitment strategies.

Yet both groups still make up a smaller percentage of undergraduates than they do UCeligible high school graduates, particularly at the most selective campuses, while Asian Americans account for a larger percentage. That raised concerns among some activists that Asian Americans would be discriminated against if California restored affirmative action policies.