Highlights
- Judge Julie Ann Mata ruled Proposition 142 does not violate Arizona's Separate Amendment Rule and can appear on the November ballot.
- Prop 142 would bar public entities from requiring applicants or employees to endorse DEI principles and restrict university spending on DEI programs.
- The progressive group Will of the People filed the challenge; its representatives had not said as of Tuesday whether they would appeal.
- House Speaker Steve Montenegro sponsored the measure, which was crafted by the Goldwater Institute and builds on Proposition 107, approved by voters in 2010.
A Maricopa County Superior Court judge cleared Proposition 142 for the November ballot Tuesday, rejecting a legal challenge that argued the measure improperly bundles unrelated policy changes into a single constitutional amendment.
Judge Julie Ann Mata concluded that Prop 142 does not violate the Arizona Constitution's Separate Amendment Rule, which requires ballot amendments to address a single subject. Mata found the measure's provisions sufficiently connected because, as she wrote in the ruling, "The operative changes all concern limits on governmental action involving race or ethnicity in public institutions."
The lawsuit was filed by Will of the People, a progressive advocacy group, which argued the measure constitutes logrolling, packaging provisions voters might reject individually so that support for one forces acceptance of all. Mata found that argument irrelevant to the threshold question of whether the measure's provisions share a common subject, concluding they do. She also dismissed a First Amendment challenge, ruling that question would only arise if voters approve the measure. Representatives of Will of the People had not responded to requests for comment on a potential appeal as of Tuesday.
Proposition 142 would expand Arizona's existing constitutional ban on discrimination and preferential treatment, which voters approved through Proposition 107 in 2010. House Speaker Steve Montenegro, a Goodyear Republican who sponsored the measure crafted by the conservative Goldwater Institute, has argued Prop 142 closes loopholes that have allowed public institutions to continue race-based policies under diversity, equity and inclusion programs. The measure would prohibit public entities from requiring applicants, employees, students or contractors to support or endorse preferential treatment based on race or ethnicity as a condition of admission, employment, contracting or receiving scholarships. It would also restrict public universities from using taxpayer funds for certain DEI initiatives and bar disciplinary policies that treat students differently by race or ethnicity.
Legislators divided along party lines when the measure advanced. Democratic Rep. Stephanie Stahl Hamilton of Tucson argued the proposal goes beyond prohibiting discrimination, contending it rewrites Arizona's Constitution to control speech, training and institutional instruction in public education and employment. Republican Rep. Walt Black of Snowflake said he supported the measure because he wants his daughter, entering Arizona State University next school year, to be judged on competency rather than identity.
The Goldwater Institute's case for the measure rests partly on claims about ASU's mandatory "The Human Event" course, which the group says has been used to push DEI content. ASU disputed that characterization, saying Goldwater reviewed only 13 of 227 course sections, far short of the 70% the group claimed, and that the course encourages students to examine a range of perspectives rather than adopt a particular viewpoint.
What would Prop 142 change for public employers and universities?
The measure would prohibit public entities, including state agencies, universities and contractors, from requiring any applicant, employee, student or contractor to endorse preferential treatment based on race or ethnicity as a condition of employment, admission, graduation or receiving scholarships. It would also bar public universities from spending taxpayer funds on certain DEI programs and prohibit disciplinary policies that treat students differently by race or ethnicity.
Will of the People had not announced a decision on appeal as of Tuesday evening; the November ballot deadline for such challenges is the next procedural marker to watch.
Sources
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- azcapitoltimes.com retrieved 29/07/2026 00:30
Authored by The Scottsdale Signal. Drafted by AI from primary-source material under our beat-specific editorial guides; reviewed by humans before publish under our five-gate process. Sources retrieved at 29/07/2026 00:30. Every claim traces to a source.
