THE CIVIL RIGHTS AMENDMENT TO THE COLORADO CONSTITUTION

The Full Text of the Amendment, and the Official Ballot Languge

Article II of the constitution of the State of Colorado is amended
by the addition of the following section:

SECTION 31: NONDISCRIMINATION BY THE STATE

(1) The State shall not discriminate against, or grant preferential treatment to, 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) This section shall apply only to action taken after the section's effective date.

(3) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.

(4) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.

(5) Nothing in this section shall be interpreted as prohibiting action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.

(6) For the purposes of this section, "state" shall include, but not necessarily be limited to, the State of Colorado, any agency or department of the state, any public institution of higher education, any political subdivision, or any governmental instrumentality of or within the state.

(7) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing Colorado anti-discrimination law.

(8) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.

Note : The language above is not what voters will see on the November ballot, although it is the language that will enter the Colorado Constitution, if the Amendment is adopted. The language the voter will see on the ballot is below.

 
Ballot Language Chosen by the Ballot Title Setting Board

The ballot title and submission clause, as designated and fixed by the Board, is as follows:

Shall there be an amendment to the Colorado constitution concerning a prohibition against discrimination by the state, and, in connection therewith, prohibiting the state from discriminating against or granting preferential treatment to 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; allowing exceptions to the prohibition when bona fide qualifications based on sex are reasonably necessary or when action is necessary to establish or maintain eligibility for federal funds; preserving the validity of court orders or consent decrees in effect at the time the measure becomes effective; defining "state" to include the state of Colorado, agencies or departments of the state, public institutions of higher education, political subdivisions, or governmental instrumentalities of or within the state; and making portions of the measure found invalid severable from the remainder of the measure?

* The ballot title was written by the title board and approved by the Colorado Supreme Court in 2007.

Blue Book - Official Information on Ballot Initiatives Mailed to Colorado Voters

Curtis Crawford's Comments on the Impact of this Amendment on Colorado Law

Return to Table of Contents for Nebraska & Colorado Civil Rights Initiatives

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