Arizona rejects constitutional amendment targeting DEI

Arizona voters have strongly rejected a constitutional amendment that would have restricted DEI and sensitivity training in public education and government workplaces.

Proposition 142, also known as the "Prohibit Race- or Ethnicity-Based Preferential Treatment, Public Education Offices, and Disciplinary Policies Amendment,” was defeated at 11:52 p.m. Eastern time, according to Decision Desk HQ, with 61 percent of voters opposing the measure and 39 percent in support at the time of the call. Forty-nine percent of ballots had been counted at the time the projection was made.

Related: Ditching DEI is bad for employees and employers: HRC report

If enacted, the measure would have amended the state constitution to prohibit training on racial and ethnic discrimination and prevent the creation of positions in a school to oversee such instruction. Any requirements to enroll in DEI-based courses with references to race, ethnicity, sexual orientation, gender identity, and intersectionality would also be removed.

The language of Proposition 142 framed the issue as an end to "promoting preferential treatment toward or discrimination against an individual or group on the basis of race or ethnicity." However, the ACLU of Arizona slammed the measure as a First Amendment violation in its ballot guide.

"Proposition 142 violates the First Amendment by prohibiting certain ideas, viewpoints, and beliefs from being discussed in college classrooms and in government workplaces," the organization warned. "Courts have repeatedly ruled that ideas are not illegal. Proposition 142 punishes students and teachers for their beliefs, while prohibiting ideas disfavored by some politicians from being debated and discussed in a college setting or within the workplace."

"Attacks on diversity, equity, and inclusion (DEI) are attacks on our shared culture and values," the group added. "DEI bans have been used to censor information about veterans, erase the history of marginalized groups, withhold vital funding for academic research, purge academic faculty, and censor academic discussion based on the viewpoints of the speaker. Proposition 142 violates the First Amendment and the values that make Arizona a welcoming and equal place for all."