Mon, Jul 06, 2009
Sen. John McCain has stated support for Prop. 104, an anti-affirmative-action initiative identical to a measure he appeared to rebuff in 1998.
Mary altaffer / the associated press

Tucson Region

McCain seems to change on preference ban

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 07.30.2008
PHOENIX — A decade ago, when John McCain was first considering a presidential bid, Arizona's senior senator said a state constitutional amendment to wipe out affirmative action programs was a bad idea.
Now McCain, the presumptive Republican nominee for president, says he supports Proposition 104, an initiative measure on the November ballot that is word-for-word identical to the one he rebuffed in 1998.
But whether McCain has flipped on the issue — as Barack Obama has charged — or is simply clarifying his stance remains a bit murkier.
In a 1998 speech in Washington, McCain said he opposes all sorts of ballot initiatives aimed at dismantling affirmative action programs.
"Rather than engage in divisive ballot initiatives, we must have a dialogue of cooperation and mutual efforts together to provide for every child in America to fulfill their expectations," the senator said.
But McCain also said in 1998 he does not support race-based quotas for hiring or other programs. And he specifically did not criticize the ballot measure being pushed at the time by state Sen. Scott Bundgaard, R-Glendale.
McCain's recent statements suggest he may not have actually understood the 1998 proposal to amend the Arizona constitution. As recently as Monday night, asked about his position at the time, he told CNN's Larry King Live he was going to "look it up."
That measure, identical to the one Arizona voters will decide this year, would bar state and local governments and the university system from discriminating against or granting special treatment based on race, gender, color, ethnicity or national origin in public employment, contracting or education.
Neither the first measure nor this year's initiative makes any mention of quotas, which the U.S. Supreme Court specifically outlawed in public education in a landmark 1978 ruling. Instead it focuses on outlawing anything which gives those in affected classes special consideration.
With identical wording, the only difference between the 1998 effort and the current proposal is methodology. Bundgaard sought to have the Legislature put the measure before voters but failed when only 11 of 30 senators supported it. This year backers collected 334,658 signatures — only 230,047 of which have to be valid to put it on the ballot.
Bundgaard said Tuesday he sees McCain's present position as catering to the candidate's current political needs.
"Ten years ago John McCain was trying to reach out to minorities, to voters who wouldn't typically vote for a Republican," Bundgaard said.
"Although those goals were laudable, in doing so he abandoned his conservative base," he continued. "And since conservatives tend to vote — and he's in need of building a stronger base right now — it seems to me that he's returning to his core."
After Bundgaard's proposal died, McCain continued to hone his position as he campaigned for his party's 2000 GOP nomination. He said he believes in affirmative action — but not based on race.
In a 1999 speech in Phoenix, McCain told a group of Hispanic business owners and managers he supports the idea of government providing special consideration to achieve a "level playing field." He said that did not yet exist.
But McCain said decisions on who should be entitled to that consideration should be based on economics.
Questioned by audience members about what he intends to do about the lack of a level playing field, McCain said there is a need for improved education opportunities and access to capital for businesses, but provided no specifics. That prompted another audience member to push for an answer to the underlying question of affirmative-action programs.
"There are very poor Appalachian whites as well as barrio Hispanics and ghetto African-Americans," McCain said, He said all would benefit from economic-based affirmative action.
Conversely, he said, an affluent black who has had the opportunity to attend the best schools should not be entitled to gain advantages through special laws.
"The intention of the program is to take some person who is deprived economically and doesn't have the same opportunities and give them that boost," he said. "So I would like to see an economic determinant placed on it instead of solely a racial or ethnic determination."
Repeated calls to McCain's press office for clarification of his position were not returned. Instead, a campaign worker referred to a prepared comment from spokesman Tucker Bounds that the senator "has always been opposed to government-mandated hiring quotas."
What effect passage of Proposition 104 would have in Arizona is unclear. State officials say they do not give preference in hiring or contracts; universities said they do not consider race in admissions, though some colleges with limited enrollment, like the law schools, do consider "diversity" in building a class.
Rep. Kyrsten Sinema, D-Phoenix, a foe of the measure, said it would kill funding for special programs like one designed to entice women to go into careers in science and math.