Article II, section 36, Constitution of Arizona, is proposed to
be amended as follows if approved by the voters and on proclamation of the
Governor:
36. Preferential treatment or discrimination prohibited; exceptions; definition

Section 36. A. This state shall not DO ANY OF THE
FOLLOWING:
1. Grant preferential treatment to or discriminate
against 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. COMPEL AN APPLICANT, EMPLOYEE, STUDENT OR CONTRACTOR
TO ENDORSE OR SUPPORT GIVING PREFERENTIAL TREATMENT TO OR
DISCRIMINATING AGAINST ANY INDIVIDUAL ON THE BASIS OF RACE OR
ETHNICITY AS A CONDITION OF ANY ADMISSION, GRADUATION, HIRING,
PROMOTION, CERTIFICATION OR CONTRACTING DECISION OR OTHER
EMPLOYMENT FUNCTION OR SCHOLARSHIP OPPORTUNITY.
3. SPEND PUBLIC MONIES TO OPERATE OR CONTRACT FOR ANY
OFFICE OR POSITION IN AN INSTITUTION OF PUBLIC EDUCATION THAT
IS RESPONSIBLE FOR PROMOTING PREFERENTIAL TREATMENT TOWARD OR
DISCRIMINATION AGAINST AN INDIVIDUAL OR GROUP ON THE BASIS OF
RACE OR ETHNICITY.
4. IMPLEMENT ANY DISCIPLINARY POLICY OR PRACTICE THAT
TREATS AN INDIVIDUAL STUDENT OR EMPLOYEE OR GROUP OF STUDENTS OR EMPLOYEES DIFFERENTLY ON THE BASIS OF RACE OR ETHNICITY.

B. THE PROHIBITION IN SUBSECTION A, PARAGRAPH 2 OF THIS
SECTION REGARDING COMPELLING AN APPLICANT, EMPLOYEE, STUDENT
OR CONTRACTOR TO ENDORSE OR SUPPORT GIVING PREFERENTIAL
TREATMENT TO OR DISCRIMINATING AGAINST ANY INDIVIDUAL ON THE
BASIS OF RACE OR ETHNICITY INCLUDES ALL OF THE FOLLOWING:
1. REQUIRING OR SOLICITING A WRITTEN OR ORAL STATEMENT
IN SUPPORT OF ANY OF THE FOLLOWING:
(a) A THEORY OR PRACTICE THAT ADVOCATES FOR THE
DIFFERENTIAL TREATMENT OF ANY INDIVIDUAL OR GROUP OF
INDIVIDUALS ON THE BASIS OF RACE OR ETHNICITY.
(b) ANY FORMULATION OF RACE-BASED DIVERSITY, EQUITY AND
INCLUSION OR INTERSECTIONALITY IN CONTEMPORARY AMERICAN
SOCIETY BEYOND UPHOLDING THE EQUAL PROTECTION OF THE LAWS
GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE CONSTITUTION OF
THE UNITED STATES.
(c) THE BELIEF THAT A RACIALLY NEUTRAL OR COLORBLIND
LAW, POLICY OR INSTITUTION PERPETUATES RACIAL OPPRESSION OR
INJUSTICE OR RACE-BASED PRIVILEGE IN CONTEMPORARY AMERICAN
SOCIETY.
2. REQUIRING OR SOLICITING AN INDIVIDUAL TO CONFESS
RACE-BASED PRIVILEGE OR DISCUSS THE INDIVIDUAL'S RACE OR
ETHNICITY OR VIEWS ON OR EXPERIENCE WITH THE RACE OR ETHNICITY
OF OTHERS.
3. GIVING PREFERABLE CONSIDERATION TO AN INDIVIDUAL FOR
AN OPINION EXPRESSED OR AN ACT TAKEN IN SUPPORT OF ANOTHER
INDIVIDUAL OR A GROUP OF INDIVIDUALS IF THE CONSIDERATION IS
BASED ON THE RACE OR ETHNICITY OF THOSE INDIVIDUALS.
4. REQUIRING ENROLLMENT IN, OR COMPLETION OF, ANY
TRAINING OR COURSE THAT PROMOTES ANY OF THE TENETS PRESCRIBED
IN PARAGRAPHS 1, 2 AND 3 OF THIS SUBSECTION AND AS MAY BE
PRESCRIBED BY THE LEGISLATURE.

C. THE PROHIBITION IN SUBSECTION A, PARAGRAPH 3 OF THIS
SECTION REGARDING SPENDING PUBLIC MONIES TO OPERATE OR
CONTRACT FOR ANY OFFICE OR POSITION IN AN INSTITUTION OF
PUBLIC EDUCATION THAT IS RESPONSIBLE FOR PROMOTING
PREFERENTIAL TREATMENT TOWARD OR DISCRIMINATION AGAINST AN
INDIVIDUAL OR GROUP ON THE BASIS OF RACE OR ETHNICITY:
1. INCLUDES USING ANY APPROPRIATED MONIES OR ANY
REVENUE THAT IS DERIVED FROM ANY TAX, FEE, GRANT, TUITION,
ENDOWMENT OR DONATION OR ANY OTHER SOURCE THAT IS UNDER THE
CONTROL OF THE INSTITUTION OR THE INSTITUTION'S COMPONENT
UNITS TO PROMOTE OR PROMULGATE ANY OF THE FOLLOWING:
(a) AN EFFORT TO MANIPULATE OR OTHERWISE INFLUENCE THE
COMPOSITION OF THE FACULTY OR STUDENT BODY WITH REFERENCE TO
RACE, SEX OR ETHNICITY, APART FROM ENSURING COLORBLIND AND
SEX-NEUTRAL ADMISSIONS AND HIRING IN ACCORDANCE WITH STATE AND
FEDERAL ANTIDISCRIMINATION LAWS.
(b) THE DIFFERENTIAL TREATMENT OF OR THE PROVISION OF
SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE OR
ETHNICITY.
(c) POLICIES OR PROCEDURES THAT ARE DESIGNED OR
IMPLEMENTED IN REFERENCE TO RACE OR ETHNICITY.
(d) TRAINING, PROGRAMMING OR ACTIVITIES THAT ARE
DESIGNED OR IMPLEMENTED WITH REFERENCE TO RACE, ETHNICITY,
INTERSECTIONALITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(e) RELATED PRACTICES OR CONCEPTS AS MAY BE PRESCRIBED
BY THE LEGISLATURE.
2. DOES NOT INCLUDE ANY OF THE FOLLOWING:
(a) ACADEMIC COURSE INSTRUCTION, RESEARCH OR CREATIVE
WORKS BY THE INSTITUTION'S STUDENTS, FACULTY OR OTHER RESEARCH
PERSONNEL AND THE DISSEMINATION OF THOSE ITEMS.
(b) ACTIVITIES OF REGISTERED STUDENT ORGANIZATIONS OR
ARRANGEMENTS FOR GUEST SPEAKERS AND PERFORMERS WITH SHORT-TERM
ENGAGEMENTS.
(c) MENTAL OR PHYSICAL HEALTH SERVICES THAT ARE
PROVIDED BY A LICENSED PROFESSIONAL.

D. This section does not:
1. Prohibit bona fide qualifications based on sex,
INCLUDING SEX-SPECIFIC SPACES OR DESIGNATIONS, that are
reasonably necessary to the normal operation of public
employment, public education or public contracting.
2. Prohibit action that must be taken to establish or
maintain eligibility for any federal program if BOTH OF THE
FOLLOWING APPLY:
(a) Ineligibility would result in a loss of federal
monies to this state.
(b) THE ACTION THAT WOULD OTHERWISE BE PROHIBITED IS
LIMITED TO OUTREACH, ADVERTISING OR COMMUNICATION EFFORTS THAT
DO NOT MODIFY ANY APPLICATION CRITERION OR THE EVALUATION OF
ANY STUDENT, EMPLOYEE OR CANDIDATE.
3. Invalidate any court order or consent decree that is
in force as of December 14, 2010.
4. PROHIBIT A QUALIFICATION THAT IS BASED ON TRIBAL
MEMBERSHIP AS PART OF A PROGRAM ESTABLISHED TO SERVE MEMBERS
OF INDIAN TRIBES.
5. PROHIBIT DATA COLLECTION, ADVERTISING OR OUTREACH,
AS REQUIRED BY FEDERAL LAW.
6. PROHIBIT MENTAL OR PHYSICAL HEALTH SERVICES THAT ARE
PROVIDED BY A LICENSED PROFESSIONAL.
7. INCLUDE A TRAINING, PROGRAM OR ACTIVITY THAT IS
DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE
INSTITUTION'S GENERAL COUNSEL AND GOVERNING BOARD FOR THE SOLE
PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER
OR STATE OR FEDERAL ANTIDISCRIMINATION LAW.
8. PROHIBIT IDENTIFYING AND DISCUSSING HISTORICAL
MOVEMENTS, IDEOLOGIES OR INSTANCES OF RACIAL HATRED OR
DISCRIMINATION, INCLUDING SLAVERY, INDIAN REMOVAL, THE
HOLOCAUST OR JAPANESE-AMERICAN INTERNMENT.
9. PREVENT THIS STATE FROM EITHER DOING OR REQUIRING AN
APPLICANT, EMPLOYEE OR CONTRACTOR TO DO ANY OF THE FOLLOWING:
(a) DISCLOSE OR DISCUSS THE CONTENT OF THE INDIVIDUAL'S
SCHOLARLY RESEARCH OR CREATIVE WORKS.
(b) CERTIFY COMPLIANCE WITH STATE AND FEDERAL
ANTIDISCRIMINATION LAWS.
(c) IF EXPRESSLY REQUIRED BY FEDERAL LAW, CERTIFY THE
EXISTENCE OF AN AFFIRMATIVE ACTION PLAN THAT DOES NOT INCLUDE
PREFERENTIAL TREATMENT OF INDIVIDUALS ON THE BASIS OF RACE OR ETHNICITY.

E. The remedies available for a violation of this
section are the same, regardless of the injured party's race,
sex, color, ethnicity or national origin, as are otherwise
available for a violation of the existing antidiscrimination
laws of this state.
F. This section applies only to actions that are
taken after DECEMBER 14,
2010.
G. This section is self-executing.
H. For the purposes of this section, "state"
includes this state, a city, town or county, a public
university, including the university of Arizona, Arizona state
university and northern Arizona university, a community
college district, a school district, a special district or any
other political subdivision in this state.
2. The Secretary of State shall submit this proposition to the
voters at the next general election as provided by article XXI,
Constitution of Arizona.