By Antonio Ray Harvey
Assembly Constitutional Amendment 7 (ACA 7), authored by Assemblymember Corey Jackson (D-Moreno Valley), passed the State Assembly last month with a 54-14 vote, meeting the two-thirds threshold required for constitutional amendments.
The proposal seeks to clarify how Proposition 209 is applied in California by allowing the state to fund certain research-based programs designed to address disparities in health outcomes, education and poverty among specific communities.
Jackson said the measure does not repeal Proposition 209 but instead clarifies how the law should be interpreted.
“ACA 7 does not remove Proposition 209,” Jackson told California Black Media after the Assembly vote. “Instead, it proposes a constitutional amendment to narrow its scope and create specific exceptions for targeted state programs.”
Under the proposal, the governor could authorize waivers allowing public agencies to use state funds for culturally specific programs aimed at improving life expectancy, educational attainment and economic opportunity in communities experiencing documented disparities.
Jackson said the amendment clarifies how Proposition 209 applies within public education by limiting the prohibition to higher education admissions and enrollment, while allowing state-funded programs designed to address disparities in areas such as health outcomes, educational attainment and poverty.
“What ACA 7 really does is clarify Prop. 209, because too often local governments and others apply it to everything,” Jackson said. “Whenever we see disparities affecting the African American community, certain members of the API community and others, people often say, ‘we can’t do that because of Prop. 209.’”
Proposition 209, approved by California voters in 1996, amended the state constitution to prohibit the state from discriminating against or granting preferential treatment based on race, sex, color, ethnicity or national origin in public employment, public education or public contracting.
In 2020, voters rejected Proposition 16, which would have repealed Proposition 209 entirely. ACA 7 does not repeal the law. Instead, it seeks to clarify its scope and allow limited exceptions so the state can fund targeted programs addressing documented disparities, Jackson’s office said.
Supporters of the amendment argue that broad interpretations of Proposition 209 have discouraged state and local agencies from pursuing culturally specific programs designed to address disparities in health, education and economic opportunity.
During the Assembly floor debate, some Republican lawmakers argued that ACA 7 could weaken the protections established by Proposition 209.
Assemblymember David Tangipa (R-Clovis) urged colleagues to oppose the measure, saying voters had previously rejected changes to the law.
“I rise in strong opposition to this,” Tangipa said during the debate. “Let us remember and recognize what ACA 7 really is.”
Jackson pushed back on that characterization, saying the amendment focuses on clarifying the law’s scope rather than repealing it.
“I think this body knows my record about how I feel about racism, hate and discrimination,” Jackson said before the floor vote. “But one thing I don’t tolerate is lies. We should stop lying and understand that Prop. 209 is preventing people from living longer lives, healthier lives and with more dignity and humanity.”
After the Assembly vote, Jackson told California Black Media he believes the proposal has a path forward in the Senate.
“It barely got out, baby, but a win is a win,” Jackson said. “On the Senate side, I am confident that I’ll be able to get the votes as well.”
ACA 7 now moves to the California Senate, where it will begin the committee review process. If the measure receives a two-thirds vote in the Senate, the constitutional amendment will appear on the November 2026 statewide ballot for consideration by voters.