Gem State Wire

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

State	Prohibition on Affirmative Action Programs?
Alabama	No
Alaska	No
Arizona	Yes
Arkansas	No
California	Yes
Colorado	No
Connecticut	No
Delaware	No
Florida	Yes
Georgia	Yes
Hawaii	No
Idaho	No
Illinois	No
Indiana	No
Iowa	No
Kansas	No
Kentucky	No
Louisiana	No
Maine	No
Maryland	No
Massachusetts	No
Michigan	Yes
Minnesota	No
Mississippi	No
Missouri	No
Montana	No
Nebraska	Yes
Nevada	No
New Hampshire	Yes
New Jersey	No
New Mexico	No
New York	No
North Carolina	No
North Dakota	No
Ohio	No
Oklahoma	Yes
Oregon	No
Pennsylvania	No
Rhode Island	No
South Carolina	No
South Dakota	No
Tennessee	No
Texas	No
Utah	No
Vermont	No
Virginia	No
Washington	Yes
West Virginia	No
Wisconsin	No
Wyoming	No

Source: State laws, executive orders and constitutional amendments.