The California Civil Rights Initiative (CCRI), aka Proposition 209 on California's November 1996 ballot, will prohibit discrimination and preferences by state and local government, based on race and sex, etc. The CCRI does not use the words "affirmative action." Opponents of the CCRI sued California's attorney general in order to force him to include the words "affirmative action" in his ballot label and title for the CCRI. This appellate opinion (135 KB) rejected the opponents' arguments and supported the attorney general.

The appellate court recognized that the phrase "affirmative action" was "amorphous" and includes not only discrimination and preferential treatment based on race and sex, but also outreach programs that are not racially or sexually discriminatory.