CORAL CONSTRUCTION, INC., v. CITY AND COUNTY OF SAN FRANCISCO Part III
Ordinance granting specific preferences to minority owned and women owned businesses with respect to public contracts violates Proposition 209, which amended the state constitution to bar such preferences. Proposition 209 is not preempted by the International Convention on the Elimination of All Forms of Racial Discrimination, which expressly provides that signatories need not adopt special measures to combat discrimination, nor does the initiative violate the Equal Protection Clause by restructuring the political system to the detriment of disfavored groups. Initiative's exception allowing race and gender based preferences to extent necessary to qualify for federal funding does not apply where applicable federal regulations permit but do not require implementation of preferences to remedy pervasive discrimination in federally funded programs.
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