By: Jo Collins Mathis, staff reporter, The Ann Arbor News
June 13, 2004
Supporters of an anti-affirmative action petition drive in Michigan were given the green light to gather signatures again Friday when the state Court of Appeals ruled that the language on their petitions is legal.
The ruling could clear the way for a statewide vote in November on use of racial preferences in university admissions and government hiring, although opponents and some supporters of the petition drive doubt they can gather enough signatures to meet a July 6 deadline to get it on the ballot this year.
An Ingham County judge struck down the petition language in March, ruling that it violated state election law.
But a three-judge Appeals Court panel overturned that decision, ruling that the petitions comply with election law instructions. The appeals judges also found no merit to the argument that a synopsis of the ballot language on the petitions misleads voters.
"Finally, common sense has prevailed," said attorney Jim Fett of Pinckney, who represents the Michigan Civil Rights Initiative, the group backed by University of California Regent Ward Connerly that seeks to get the issue on the ballot.
Fett said on Saturday the decision is a defeat to those who are trying to obstruct the petition drive and keep the issue from voters. "There have been other lawsuits, but this was the centerpiece," he said. "With this shot down, you're really going to see renewed enthusiasm for this effort. So it's full-steam ahead."
Luke Massie, co-chairman of the Coalition to Defend Affirmative Action by Any Means Necessary, a group fighting the petition drive, promised to appeal to the state Supreme Court.
"We think that the Court of Appeals giving Ward Connerly a green light to lie to the voters of Michigan is a travesty of justice," Massie said Saturday.
Massie said the Civil Rights Initiative doesn't have enough support to get the measure on the ballot in 2004, but his group would appeal to block any attempt to get it on the ballot in 2006.
In order to get the amendment to the Michigan Constitution on the ballot this year, the Civil Rights Initiative would have to gather the signatures of 317,757 registered voters by July 6.
The petition language says the ballot measure would prohibit universities and public bodies from "discriminating against or granting preferential treatment to" individuals or groups based on race, sex, color, ethnicity or national origin. It is aimed at the University of Michigan's admissions policies. The school uses race as a factor in making admissions decisions to achieve a diverse student body.
The U.S. Supreme Court last year upheld the use of race in admissions, but struck down a point system used by U-M's undergraduate school.
Jennifer Gratz, plaintiff in the U-M undergraduate school lawsuit and executive director of MCRI, was not surprised by the decision.
"This language has been tested in other states and has won in other states, so we expected this outcome and are obviously glad for it," she said. "Polls have shown all along that not only are the majority of people in Michigan on our side, but the majority of people in the country are on our side. I think it shows the elite organizations that supported the University of Michigan throughout the lawsuit are disconnected from the general public."
Gratz would not reveal how many signatures the group has collected so far. She isn't sure whether the group will pursue a 2004 ballot issue or wait until 2006.
Jo Collins Mathis can be reached at jmathis@annarbornews.com or (734) 994-6849.
Copyright, 2004, The Ann Arbor News. All Rights Reserved.
Record Number: 0414989772
