Overturn Prop 209, Restore Affirmative Action; UCLA RALLY November 2nd!

Caroline Wong September 27, 2011 Affirmative Action Comments Off on Overturn Prop 209, Restore Affirmative Action; UCLA RALLY November 2nd!

Say NO to the New Jim Crow!

Realize MLK’s Dream at UCLA!

Overturn Prop 209 - Restore Affirmative Action!  Say No to the New Jim Crow!


BAMN (the Coalition to Defend Affirmative Action, Integration & Immigrant Rights and Fight for Equality By Any Means Necessary), and dozens of California students of all races, with and without papers, have filed a federal lawsuit to overturn California’s anti-affirmative action Constitutional amendment known as Proposition 209.

Since the passage of Prop 209 in 1996, the numbers of Latina/o, black, Native American and other underrepresented minority students attending the UC’s flagship universities have declined precipitously. Of the 3,960 freshmen entering UC Berkeley this fall only 139 are black students; at UCLA there are 4,921 incoming freshmen of which 209 are black students.

To persuade the courts to rule in our favor, we need a broad, united public campaign in support of our legal challenges.  We are calling on students at UCLA to become a part of this campaign on our campus and across the state to overturn Prop 209.

A wide variety of organizations are participating in this effort. The organizing meeting on Thursday September 29, 2011 at UCLA is called by BAMN and several campus student, concerned faculty and staff organizations. Virtually every national civil rights organization and several unions, immigrant rights and labor organizations have already pledged support for the BAMN effort.

Sign and Circulate the Petition:

  • Sign the Petition Online (forward it to all your friends)
  • Download a Hard Copy of the Prop 209 Petition (print it out and pass it around).
    Pledge to build the new, integrated, youth and student-led movement to defend civil rights, immigrant rights and public education
  • Call on UC President Mark Yudof, the UC Chancellors and the UC Regents to join Governor Brown in asserting that Proposition 209 is unconstitutional and should be struck down;
  • Stand on the two fundamental premises of Brown vs. Board of Education: first, that separate can never be equal, and second, that integration is necessary for democracy, justice and progress.



November 2, 2011

Increase Latina/o, Black, Native American and Other Underrepresented Minority Student Enrollment!

The ban on affirmative action has denied California’s Latina/o, black, Native American and other underrepresented minority students equal access to the UCs, deepening the inequalities created by segregation in K-12 education.

Overturning the ban is vital to defeating the rise of the new Jim Crow and the perpetuation of white privilege. The UCs set the tone for the nation. 

A victory in California would be a victory for the nation. It would provide a much needed fatal body blow against the whole right- wing national effort to eliminate affirmative action and equal access and opportunity. Fighting to restore affirmative action is key to the whole student-led struggle to defend public education. It is essential to the fight to maintain intellectual freedom at every public university.  The fight overturn Prop 209 has the power to unite Latina/o, immigrant, black, Asian- Pacific American, Native American, other minority and progressive white students in a common fight for our shared futures.

In the next few weeks Governor Brown will almost certainly sign the California Dream Act, extending public scholarships and grants to undocumented students. Winning this hard fought gain will be a testament to what the new student-led civil rights and immigrant rights movement can achieve when we organize and build mass actions on an independent basis.  Winning the Dream Act can inspire our new movement to take the next steps to advance our struggle to open wide the doors of opportunity and equality at UCLA, UC Berkeley and other public universities.

Independent Integrated Student-led Mass Action Is the Key to Victory

Our new movement must ignore all those who urge us to shut down our movement when we win the Dream Act in order to plow all our energy into electoral politics. Instead, we must utilize the high spirits and rising expectations of Latina/o, black, documented and undocumented immigrant, Asian Pacific American and other college and high school and middle school students to build the new movement and to win.

Governor Brown may also sign into law SB 185, a bill which urges every university in California to use every legal means available to them to increase underrepresented minority enrollment. BAMN has been raising this demand for many years because we know there is more that the UCs could be doing right now to admit qualified underrepresented minority students to UCLA and other flagship UC campuses.

If Gov. Brown signs SB 185 three things will happen:  the racist right-wing will be demoralized and freak out;  students will feel emboldened to demand that the UC Regents and the Chancellors publicly oppose Prop 209 and take immediate action to increase the number of Latina/o, black, Native American and other underrepresented students;  and public universities will have more legal standing to increase under-represented student enrollment right now.

Build the New, Integrated, Student-led Civil Rights/Immigrant Rights Movement to Win Equality, Justice and Democracy for All!

Defend Public Education!

We know we can win the battle to overturn Prop 209 through the courts. Putting an anti-Prop 209 ballot initiative forward would be dangerous, massively expensive and almost certainly lose. Even if it won we would find ourselves back in court fighting out how to interpret conflicting Constitutional amendments. On July 1st, 2011, in a separate case initiated by BAMN, the Sixth Circuit Court of Appeals struck down Michigan’s Proposal 2, a carbon copy of California’s Prop 209, because it violated the Fourteenth Amendment of the US Constitution.  Then, on July 8th, California Governor Jerry Brown filed a brief in the Ninth Circuit supporting BAMN’s claim that Proposition 209 violates the Fourteenth Amendment of the US Constitution.

The Sixth Circuit Court as a whole is now set to review the panel decision in the Michigan case next spring. The Ninth Circuit Court of Appeals will be considering our California challenge in the next six months.  Either or both cases will almost certainly end up at the Supreme Court in Washington, DC.  In every court, at each step, the decision will be close.

Whether we end in victory or defeat will be determined by the ability of our new movement to mobilize the tremendous popular support we have in order to shift the balance of power in favor of the oppressed. BAMN has had years of experience defeating Ward Connerly and the other opponents of affirmative action, even when others said our fight was hopeless and we would lose.

BAMN’s organizing and legal efforts saved both the Los Angeles and Berkeley school district’s desegregation programs. Our efforts defeated anti-affirmative action ballot campaigns in Arizona, Oklahoma, Missouri and other states. In 2003, BAMN initiated and the NAACP, the UAW and others joined in organizing a demonstration of 50,000 young people outside the U.S. Supreme Court on the day that Grutter v. Bollinger, the University of Michigan affirmative action case, was argued.  We won Grutter because of that mobilization.

Join us in the fight to open up the University of California to all Californians and to make our state the model of diversity, integration, equality and freedom we want it to be.

Want to see our legal briefs from our Prop 209 and Prop 2 cases?

Prop 209 case:

Original Complaint

Appeal Brief

Prop 2 case:

Third Brief in BAMN challenge to MI Prop 2

First Brief in BAMN challenge to MI Prop 2

Stay updated on BAMN’s work on Affirmative Action:


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