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Jennifer Gratz (born September 3, 1977) is an American civil rights activist and the former lead plaintiff in the lawsuit Gratz v. Bollinger. She started the Michigan Civil Rights Initiative (MCRI), a Michigan constitutional amendment to ban race and gender preferences (often referred to as “affirmative action”) in public education, employment, and contracting (reference to MCRI).

Gratz v. Bollinger

Jennifer Gratz filed suit against the University of Michigan in October 1997, challenging an automatic 20-point boost given to African-Americans, Hispanics, and Native Americans in the University’s admissions process. Gratz v. Bollinger was argued before the United States Supreme Court on April 1, 2003.

On June 23, 2003 Chief Justice Rehnquist ruled that the University’s point system was not "narrowly tailored to achieve respondents' asserted compelling interest of diversity" and was therefore unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The same day, Justice O'Connor allowed race preferences to continue at the University of Michigan law school in Grutter v. Bollinger.

Michigan Civil Rights Initiative

On June 24, 2003, Gratz started the Michigan Civil Rights Initiative (MCRI), a constitutional amendment banning race and gender preferences in public employment, public education, or public contracting. The proposal reads:

The University of Michigan, Michigan State University, Grand Valley State University, and any other public college or university, community college, or school district shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

Also:

The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

MCRI appeared on the ballot in 2006 and faced opposition from By Any Means Necessary (BAMN), the ACLU, the NAACP, Democratic Senator Debbie Stabenow and her Republican challenger Mike Bouchard, both Michigan’s Democratic and Republican Parties, the Catholic Church, labor unions, Ford, Chrysler, General Motors, and Toyota, among others.

On November 7, 2006, Michigan voters passed MCRI by a 58% to 42% margin. The next day, BAMN filed a lawsuit challenging the constitutionality of the amendment.

On November 16, 2012, the United States 6th Circuit Court of Appeals declared MCRI unconstitutional. Judge Cole wrote the majority opinion, which argues that the amendment "undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change."

Michigan Attorney General Bill Schuette filed a petition of certiorari on November 29, 2012 asking the U.S. Supreme Court to review this ruling.

After MCRI

In 2007 Gratz received the Ronald Reagan Award at CPAC (Conservative Political Action Conference) from the American Conservative Union for leadership during the Michigan campaign. After the 2006 Michigan campaign, Gratz worked to end programs that give preference based on race or sex and as well as to help other states pass initiatives similar to MCRI.

External Links

• Nebraska Civil Rights Initiative
• Arizona Civil Rights Initiative