HCR 2042 is a proposed constitutional amendment in Arizona that seeks to enhance prohibitions against preferential treatment and discrimination based on race or ethnicity in public education, spending, and hiring practices. The resolution aims to prevent the state from compelling individuals—such as applicants, employees, students, or contractors—to endorse or support any actions that advocate for differential treatment based on race or ethnicity. It also prohibits the use of public funds to promote such practices and outlines specific actions that would be deemed violations of this amendment. However, the resolution clarifies that it does not restrict academic instruction, research, or mental health services provided by licensed professionals, and it allows for reasonable sex-specific spaces and qualifications based on tribal membership for programs serving Indian tribes.
The amendment proposes changes to Article II, Section 36 of the Arizona Constitution, explicitly prohibiting preferential treatment and discrimination in public employment, education, and contracting. It details actions that the state cannot take, such as granting preferential treatment or requiring individuals to discuss their race or ethnicity as a condition for employment or educational opportunities. Exceptions are made for bona fide qualifications based on sex necessary for public services and actions required for federal program eligibility. If approved by voters, the amendment would take effect upon the Governor's proclamation and would apply to actions taken after December 14, 2010. The Secretary of State is responsible for submitting this proposition to voters at the next general election.