November 17, 2009

               LANSING - Attorney General Mike Cox's office this morning will argue before the U.S. Sixth Circuit Court of Appeals in Cincinnati in defense of the Michigan Civil Rights Initiative, also known as Proposal 2.  Proposal 2 is a constitutional amendment passed by voters in 2006 that prohibits public institutions from discriminating against, or granting preferential treatment based on that person's race, sex, color, ethnicity, or national origin.  Cox filed briefs in July 2009 after two groups - one led by the Coalition to Defend Affirmative Action and another group referred to as Cantrell, lost their challenge against the constitutional amendment at the U.S. District Court in Detroit.  

"Three years ago, Michigan families spoke loud and clear when they overwhelmingly voted to amend our constitution and end the use of preferences in public institutions," said Cox.  "Today my office is defending that choice at the Court of Appeals and I am confident the court will again reject this attempt by activists to overturn the will of the people." 

Cox was the only statewide public official to support Proposal 2 in 2006, which was passed by the voters by a margin of approximately 58% to 42%.  It then became Article 1, Section 26 of the Michigan Constitution. 

In November 2006, a group of plaintiffs lead by BAMN filed a lawsuit in the U.S. District Court challenging Proposal 2 on federal equal protection grounds.  In December 2006, a group known as Cantrell, consisting of university students, prospective students, professors and others filed a second lawsuit against Proposal 2 in the District Court, also on federal equal protection grounds.

On March 18, 2008, the Federal District Court in Detroit agreed with Cox's arguments and ruled that Proposal 2 did not violate the Equal Protection Clause of the United States Constitution.  Both groups of plaintiffs appealed that decision to the Sixth Circuit Court of Appeals, leading to today's filing.

The Attorney General is arguing before the Court of Appeals that Proposal 2 is constitutional because it does not violate concepts of equal protection, it prohibits discrimination in all forms, and it properly eliminates any advantage given to individuals based on race, sex, ethnicity or national origin. 

The cases are commonly known as Coalition to Defend Affirmative Action, et al. v. Attorney General Mike Cox, and Cantrell, et al. v. Attorney General Mike Cox.

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