The U.S. Supreme Court refused to hear a challenge to California's Proposition 209, the amendment to the state constitution which bans affirmative action programs for women and minorities in public employment, education and contracting, and weakens sex discrimination laws in California. The amendment officially became law in early September when a panel of the Ninth U.S. Circuit Court of Appeals ruled unanimously that the law was constitutional, and the full appeals court refused to reconsider that ruling.

"The Supreme Court's decision not to reconsider the ruling by the Ninth Circuit Court which upheld Proposition 209 is a tragic reversal of America's promise of equal job and educational opportunities for women and for racial minorities," said Eleanor Smeal, President of the Feminist Majority.

"Proposition 209's constitutional provisions prohibiting affirmative action were passed through a well-funded campaign of massive deception," said Katherine Spillar, National Coordinator for the Feminist Majority, who led efforts in California to defeat Proposition 209. "The Proposition was worded to mimic the great Civil Rights Act of 1964, confusing voters as to its real intent and impact."

There is still a possibility that as the law is implemented it can be challenged in court by an individual who is hurt by Proposition 209. The Supreme Court's decision is expected to hasten passage of similar laws pending in 26 other states and the U.S. Congress.

However, Houston voters recently rejected, 55%-45%, an affirmative action ban similar to California's Proposition 209. "On the Houston ballot voters were asked in straightforward language whether they wanted to end affirmative action programs, and the voters clearly didn't," said Smeal. In California the language of Proposition 209 was deceptively-worded to make voters think they were voting against "racial and gender preferences."

Perhaps in response to Houston's positive vote for affirmative action as well as pressure from civil rights and women's rights groups, including the Feminist Majority, the House Judiciary Committee of the U.S. Congress recently voted to "table" a measure to ban federal affirmative action, effectively killing the bill for this Congressional session.

Affirmative action bans have been in effect for over a year regarding university admissions in Texas and California, and minority enrollment in law schools in those two states has plummeted. In response, representatives from fifty of San Francisco's top law firms and the San Francisco Bar Association issued an ultimatum that they would no longer hire University of California law school graduates unless the schools admit more students of color.

To prevent a similar dearth of students of color in undergraduate institutions, a new law in Texas requires state universities to automatically admit any student in the top 10% of their high school class, and allows the schools to extend admissions to students in the top quarter of their class, without regard to standardized test scores. The University of California system is considering a similar proposal. Standardized tests have been shown to be biased against women and minorities, and biased towards people in higher income brackets who can afford coaching courses.

The Feminist Majority mobilized thousands of students against Proposition 209, and Feminist Majority President Smeal toured California to educate voters, along with Rev. Jesse Jackson, NOW President Patricia Ireland, and United Farm Workers Vice President Dolores Huerta. The law passed 54% to 46%, with a majority of women and minorities voting against the law. €