Arizona Lawmakers Weigh Major Ban on Preferential Treatment in Public Institutions

By Jonathan Eberle |

The Arizona Legislature is poised to evaluate a significant constitutional amendment aimed at curbing preferential treatment and discrimination based on race or ethnicity within public education, government funding, and hiring practices.

House Concurrent Resolution (HCR) 2042, introduced by Rep. Steve Montenegro (R-LD 29), seeks to strengthen existing constitutional protections. This proposal would prohibit state agencies, educational institutions, and employers from favoring or disadvantaging individuals based on racial or ethnic backgrounds. Should the Legislature approve it, the measure will be presented to voters in the upcoming general election.

If enacted, HCR 2042 would expand Arizona’s current anti-discrimination laws. It aims to eliminate the consideration of race or ethnicity in hiring, promotion, admissions, and contracting decisions at public institutions. Moreover, it would restrict state-funded entities from compelling employees, students, or contractors to advocate for race-based policies as a requirement for job or academic progression.

The amendment also seeks to halt public funding for university offices that promote preferential treatment based on race or ethnicity. It includes provisions to limit diversity training endorsing concepts such as race-based privilege and intersectionality, while ensuring that disciplinary measures in public schools and workplaces are applied consistently, regardless of an individual’s race or ethnicity.

Exemptions are included for academic research, student groups, adherence to legal mandates, and mental or physical health services through licensed professionals.

Proponents argue that preferential treatment undermines both fairness and meritocracy. They believe that equal treatment under the law should apply universally, regardless of an individual’s background, asserting that race-based policies may breed resentment and undermine the true value of achievements by tying qualifications more closely to identity than to merit.

Supporters further contend that adopting neutral, colorblind policies is essential for ensuring fairness across educational, employment, and governmental programs. They emphasize that government funding should not favor one racial or ethnic group over others, as such preferences can inadvertently lead to discrimination.

The House Government Committee narrowly approved HCR 2042 with a 4-3 vote, with further legislative discussions anticipated. If it clears the remaining legislative hurdles, the decision will ultimately rest with Arizona voters in the upcoming statewide election.

Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.