Published Tuesday | February 26, 2008
Nebraska: State Senator drops effort to ban affirmative actionBY MATTHEW HANSEN
WORLD-HERALD BUREAU

LINCOLN — Legislation seeking to put an affirmative action ban before Nebraska voters was withdrawn from consideration Monday, and its sponsor called it a victim of backroom politics.

State Sen. Mark Christensen of Imperial withdrew his proposal two days before the Legislature's Judiciary Committee was scheduled to hold what most likely would have been a high-pitched public hearing on the issue.

Christensen's proposal, Legislative Resolution 233CA, would have put on the November ballot a proposed constitutional amendment to bar public agencies, including the University of Nebraska, from considering race, ethnicity or gender in hiring, enrollment and scholarship decisions.

Scheduled to appear at the hearing were Ward Connerly, the California businessman who's behind a separate petition effort to amend the Nebraska Constitution to prohibit affirmative action; ReNee Dunman, president of the American Association for Affirmative Action; and advocates on both sides of the issue.

Christensen said several state senators — he declined to name them — privately vowed to torpedo other legislation he has introduced unless Christensen withdrew the affirmative action measure.

"The state is missing out on the opportunity to learn more (about this issue) because I've been threatened," Christensen said Monday. "I don't know if threatened is the right word, but I guess I was, so I guess it is."

Sen. Brad Ashford of Omaha, chairman of the Judiciary Committee, said any implication that members of his panel had threatened Christensen was "simply not true."

Ashford said the committee has dealt with a number of controversial topics this session, including cloning, immigration, the death penalty and gay rights.

"We hear every bill that is brought before us, even the tough ones," Ashford said. "I don't know what Senator Christensen thinks, but that's how we would've dealt with this one, too."

Even Christensen said the proposal had little chance of passing. Those on both sides said they think an affirmative action ban has a better shot at becoming part of the Constitution because of the Connerly-backed petition effort to put the question on the November ballot.

That petition drive is under way. It needs 115,000 signatures to go before voters.

Groups affiliated with Connerly have won passage of similar bans in California, Michigan and Washington. Nebraska is among five states where the groups are trying this year to gain passage of affirmative action bans.

Backers of the proposed affirmative action ban say the measure would put all students on an even playing field regardless of race, ethnicity or gender.

"It's disappointing we couldn't at least talk with the senators," said Marc Schniederjans, a University of Nebraska-Lincoln management professor and a local leader supporting the proposed ban.

University leaders signaled a desire to fight a possible ban last month, when NU President J.B. Milliken and UNL Chancellor Harvey Perlman said it would harm the school's ability to recruit minority students and endanger existing university programs that help women, Hispanics and Native Americans. NU regents voted to oppose the proposed ban.

Jose Soto, Southeast Community College's vice president of affirmative action, said Monday that it would be an "uphill battle" to convince Nebraska voters that affirmative action is still necessary.

Soto said the public doesn't always understand how historic oppression and a current lack of opportunities harm female and minority students.

"I wish we could skip this discussion, and we could if everything was a lot more accessible and welcoming and equitable," Soto said. "But at this point in time, in 2008, this is a conversation we still need to have."

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