SACRAMENTO, Calif. — An amendment on affirmative action recently passed the California Assembly and one legislator is standing behind it even though most of his constituents are opposed.

Assemblyman Evan Low, who represents the San Jose area, voted "yes" on ACA 5, the legislation on affirmative action that he says is a path toward racial justice.

“My vote in support of ACA 5 certainly does come with political peril and it is one that I have very much grappled with, but nonetheless this was a vote of my conscience,” Low said.


What You Need To Know

  • Low's office received more than three-thousand calls opposing ACA 5

  • Low see ACA 5 as a step towards racial justice

  • ACA 5 passed the Assembly floor by a 60 to 14 majority

The assemblymember is part of the Asian Pacific Islander Caucus, the only caucus that has not shown support for the amendment.

ACA 5 would repeal Proposition 209, the California Civil Rights Initiative, that was passed in 1996. The proposed constitutional amendment would allow for race and gender to factor into public university admissions and state employment.

Low said there is significant fear within his Chinese American community that fewer API students will be accepted into the UC system.

“There is a high percentage of Asian Pacific Islanders within the University of California system with respect to higher education, we very much value this, that there would be a loss,” Low said.

He said his vote wasn’t popular in his district, but he believes this is the time to stand up for what he sees as progress toward equality.

The assemblyman's office received more than 3,000 phone calls in opposition to the amendment, with only 100 in support of affirmative action.

Despite this opposition from his constituents, Low said he’s not afraid of the political consequences.

“This is a difficult conversation about race, but it needs to be had,” Low said.

Now that ACA 5 has passed the Assembly floor by a 60 to 14 majority, the legislation has moved to the state Senate for a vote. In order to appear before California voters on the Nov. 3 ballot, the legislature must finalize the ACA 5 ratification before the June 25 deadline.