SAN FRANCISCO (CBS/AP) – A federal appeals court has upheld California’s ban on using race, ethnicity and gender in admitting students to public colleges and universities.

The 9th U.S. Circuit Court of Appeals ruled Monday that the state’s landmark voter initiative, Proposition 209, does not violate students’ constitutional rights.

The ruling is the latest to uphold the ban in a long list of legal challenges seeking to overturn since it was passed by voters in 1996.

The ruling upholds a previous decision by the same court in 1997.

Backers of affirmative action argued that the court should reconsider the ruling in light of more recent decisions elsewhere in the nation that reinstated affirmative action in college admissions.

In California, affirmative action proponents say campus diversity has suffered since taking race out of admissions consideration.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


Comments (4)
  1. curtrice says:

    Readers interested in affirmative action might enjoy a new posting called “If you need quality, you need affirmative action.”

    It begins:

    “New research demonstrates that when affirmative action programs are used, the quality of the applicants increases.”

    Check it out at

  2. bill says:

    Affirmative, it is reverse discrimination.

  3. Martine says:

    I think it should be based on academic standards! I for one think the affirmative action and financial assistance based on gender or color has been helpful in the past, but no longer. When my son can’t get into college because he’s “the wrong gender and color”, it makes me angry! I was a single mother and considered part of “the working poor”, but he didn’t qualify for enough to go to college. Reverse discrimination – its real and its ugly! A mind IS a terrible thing to waste – no matter what the person’s skin color!