The resolution H.C.R. 2044 seeks to amend the Arizona Constitution to prohibit the state from using public funds to promote or provide preferential treatment based on race or ethnicity, pending voter approval. It establishes that discrimination in public employment, education, and contracts based on race, sex, color, ethnicity, or national origin is not allowed. However, it does permit certain bona fide qualifications based on sex that are necessary for the operation of public functions and actions required for federal program eligibility. The resolution also prohibits requiring individuals to endorse or support preferential treatment as a condition for opportunities like employment and education, ensuring that disciplinary policies treat all individuals equally regardless of their racial or ethnic background.
Furthermore, the resolution clarifies that while it prohibits preferential treatment and discrimination, it does not prevent discussions about historical racial discrimination or the provision of mental health services. It includes exceptions for federally mandated actions and specifies that remedies for violations will be consistent, irrespective of the race or ethnicity of the affected individuals. If approved by voters, the amendment will take effect upon the Governor's proclamation and will apply to actions taken after December 14, 2010. The Secretary of State is responsible for submitting this proposition to voters during the next general election.