Arizona House Proposes Amendment to Prohibit Preferential Treatment and Discrimination

The Arizona House of Representatives has introduced House Concurrent Resolution 2042 (H.C.R. 2042), a proposal to amend the Arizona Constitution, aiming to prohibit preferential treatment or discrimination based on race, sex, color, ethnicity, or national origin in public employment, education, and contracting. This move follows the nationwide push led by former President Donald Trump, who has called for the removal of Diversity, Equity, and Inclusion (DEI) programs across federal agencies, arguing that such initiatives are illegal and undermine merit-based practices.

If passed by voters, Arizona’s proposed amendment would strengthen the state’s commitment to equal treatment, prohibiting entities from endorsing or supporting policies that advocate for differential treatment based on race or ethnicity. Arizona lawmakers are looking to follow in the footsteps of Trump’s directive, which has already sparked debates and legal challenges across the country.

The proposed amendment would prohibit preferential treatment or discrimination in hiring, admissions, and other public functions. It would also restrict requiring individuals to endorse or support race-based diversity practices as a condition for employment, admission, or contracting. Furthermore, the amendment would prevent public funds from being used to promote racial or ethnic preferential treatment in public institutions and place limitations on training or activities promoting race-based policies, ensuring alignment with equal protection laws.

Exceptions to the proposed amendment would include certain federal program eligibility requirements, qualifications based on tribal membership, and compliance with state or federal antidiscrimination laws.

The resolution has been submitted for voter approval and, if enacted, would take effect following the Governor’s proclamation.