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Proposal Two Withstands Legal Challenge

Contact:  Rusty Hills or Matt Frendewey, Media Contacts 517-373-8060
Agency: Attorney General


March 18, 2008

            LANSING − Attorney General Mike Cox today announced that U.S. District Court Judge David Lawson has issued a ruling in two federal cases that Proposal Two is constitutional and the challenges lacked merit.

            "I'm glad to see that the federal court has upheld the will of the people," Cox said. "From the beginning, I have said that Proposal Two was constitutional, and my first duty as Attorney General is to uphold and defend the Constitution."

            Proposal Two was approved by Michigan voters with 58% of the vote in the 2006 election.

            Two sets of interest groups and individuals who had applied to, or were going to apply to, state universities and colleges, challenged the constitutionality of Proposal Two, claiming that it violated the United States Constitution and federal law. The court today found that Proposal Two did not violate the U.S. Constitution.

            Proposal Two, which is now Article 1, section 26 of the Michigan Constitution, states in part: (2) 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.

            "This is a victory for the people and reaffirms the principles of equality," Cox concluded.

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