By Jonathan Eberle |

The Arizona Legislature is considering a constitutional amendment that would restrict preferential treatment and discrimination based on race or ethnicity in public education, government spending, and hiring practices.

House Concurrent Resolution (HCR) 2042, sponsored by Rep. Steve Montenegro (R-LD 29), would reinforce existing constitutional protections by prohibiting state agencies, schools, and employers from favoring or disadvantaging individuals based on race or ethnicity. If approved by the Legislature, the measure will be placed on the next general election ballot for voter approval.

HCR 2042 expands Arizona’s existing anti-discrimination policies by banning the use of race or ethnicity as a factor in hiring, promotions, admissions, or contracting decisions in public institutions. It also would prevent state-funded institutions from compelling employees, students, or contractors to support race-based policies as a condition of employment or academic advancement.

In addition, HCR 2042 would prohibit public funding for university offices (like DEI offices) or initiatives that promote preferential treatment based on race or ethnicity, restrict diversity training that endorses race-based privilege, intersectionality, or the idea that neutral policies perpetuate racial injustice, and ensure that disciplinary policies in public schools and workplaces do not treat individuals differently based on race or ethnicity.

The bill allows exemptions for academic research, student organizations, legal compliance, and mental or physical health services provided by licensed professionals.

Proponents of the bill say that preferential treatment—whether through race-based hiring, admissions, or funding allocations—undermines fairness and meritocracy. Equal treatment under the law is a fundamental principle that should apply to all individuals, regardless of background, and race-based policies can create resentment and devalue achievements by making qualifications appear tied to identity rather than merit.

Supporters of the legislation also argue that neutral, colorblind policies are the best way to ensure fairness in education, employment, and government programs. They say that government should not fund initiatives that favor one racial or ethnic group over another, as this can lead to unintended discrimination.

HCR 2042 was approved by the House Government Committee in a 4-3 vote and now awaits further legislative debate. If passed, Arizona voters will decide on the measure in the next statewide election.

Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.