Opinion

Democrats Hypocritically Supporting Proposition 16 and AB 2542

Written by Michael Palomba

Democrat hypocrisy is once again on full display here in California. What is the case this time?

Well, Democrats have endorsed Assembly Bill 2542 and Proposition 16, two proposals that completely contradict one other. 

Prop 16 aims to repeal a clause in the State Constitution that prevents discrimination based on race, gender, and national origin. Removing this clause would bring California back to the 20th century and permit race and gender-based discrimination in employment, housing, and school admissions. It would also clear the way to bring back affirmative action policies that were rightfully abolished two decades ago. 

AB 2542, known as the Racial Justice Act, on the other hand, seeks to eliminate discrimination specifically pertaining to the criminal justice system. While that may sound positive at first, it would open up a ton of doors for defendants to skirt consequences for their actions by citing things like statistical disparities in charging, convictions, and sentencing; racial bias in jury selection, unintentional or intentional discriminatory language in court, and explicit racial bias by an attorney, judge, law enforcement officer, expert witness, or juror involved in the case.

While some of these reasons are valid, such as intentional discriminatory language in court or explicit racial bias, the others are severely flawed. No two cases in our criminal justice system are exactly the same. It’s illogical to cite statistical disparities, especially considering that there are a multitude of reasons for those disparities. There are already options for defendants to claim they were discriminated against, but there needs to be proof that the discrimination was purposeful. This legislation would make it far easier to claim discrimination and removes the requirement that the discrimination needs to be proven intentional.

The fact that Democrats endorse both of these measures proves that they are not trying to eliminate discrimination—they’re simply trying to reverse it. AB 2542 would primarily benefit certain minority groups and make it easier for them to get court decisions thrown out or modified on the basis of racism, while Prop 16 would permit affirmative action policies that would disproportionately benefit minority groups and turn a level playing field into an unfair one.

America has been striving for equality for decades, and that is a goal we have been successful in achieving. But as time has progressed and the country has become an equal and just place, the goal of progressives and civil rights activists has shifted. They are now fighting for superiority, and no one should stand for that. Affirmative action is racist and hurts those who work hard, but simply don’t have the “right” skin color. Additionally, we have a justice system that is as fair as it gets; defendants are presumed innocent until proven guilty, the burden of proof is on the accuser, and defendants are judged by a jury of their peers after hearing all evidence from both sides.

America is not the racist country that Democrats would like to have you believe. However, AB 2542 and Proposition 16 are racist proposals and should not be made into law. California prides itself on striving for equality and justice, but we’ve reached that point, and these bills would pull us backward and create a less fair society.