Testimony on HCR 3067 relating to discrimination and preferential treatment

 

Testimony

February 26, 2003

Joint Constitutional Revision Committee

 

HCR 3067

Relating to discrimination and preferential treatment

 

 

Chairman Kretschmar and members of the Joint Constitutional Revision Commitee, I am Cheryl Bergian, Director of the North Dakota Human Rights Coalition.  The Coalition includes a broad-based, statewide membership of individuals and organizations interested in the furtherance of human rights in North Dakota; the Coalition’s mission is to effect change so that all people in North Dakota enjoy full human rights.  Our work is based on the principles enunciated in the Universal Declaration of Human Rights. 

 

I speak in opposition to HCR 3067 as far as it prohibits granting preferential treatment to individuals or groups on the basis of gender, race, color, ethnicity or national origin.

 

To my knowledge, North Dakota’s only preferential treatment policies relate to veterans.  Historically, preferential treatment policies based on protected classes have been created to remedy of history of discrimination against that class, just as preferential treatment policies for veterans were created to remedy the disadvantage they experienced because of their service in the armed forces of the United States.

 

The reason for preferential treatment policies is to level the playing field for members of protected classes who have experienced a history of discrimination, so they have the chance to compete.  Preferential treatment policies overcome unfair obstacles which have been in place and create equal opportunities.

 

HCR 3067 would create a constitutional amendment against preferential treatment policies.  It would prohibit the state from identifying a solution to a problem of historical discrimination, should that problem exist.  The recently released 2001 Public Perception Study of Discrimination in North Dakota by the North Dakota Department of Labor documented that more than 50% of Native American and more than 50% of “Non-White” respondents reported that they had experienced discrimination.  A constitutional amendment prohibiting preferential treatment policies would remove a solution to institutionalized discrimination, should it exist in North Dakota.  Removing possible solutions to institutionalized discrimination will not enhance the quality of life in North Dakota, for those who live here and for those who might live here.  Please vote Do Not Pass on HCR 3067.