Why some Asian Americans oppose the affirmative action measure on the California ballot

In June, Assemblyman Evan Low, D-Campbell, started getting the comments on social media. The Chinese American lawmaker was a traitor, they said, to the Asian American community.

“Will your Assemblyman Evan Low betray you?” one attack read.

The anger was sparked by a vote Low made in June to support putting Proposition 16 on the November ballot. It’s a measure that continues to divide Asian Americans in California.

If passed, the measure would repeal Proposition 209, a 1996 statewide initiative that banned preferential treatment in government hiring, contracting and public college admissions based on race, sex, ethnicity or nationality. Advocates say it would allow the return of affirmative action in those settings.

Low said he received 99 calls in support from constituents and more than 3,000 in opposition ahead of his June vote, many of which came from the Asian American community. The response left Low feeling conflicted at first.

“I felt that, on one hand, I would be not adequately representing the district effectively on this issue,” Low said. “My moral compass … was in conflict with the majority of those who called and reached out in opposition. That’s where the conflict lies. In the end, I went with my moral compass.”

Asian Americans have been some of the most vocal opponents to affirmative action policies in recent years, although there has also been strong support from the community as well. Recent polls have shown that the measure is failing to gain support from all California voters.

Surveys of Asian American voters have also yielded conflicting reports. A survey conducted by Pew Research in 2019 found that 58% of Asians said race should not be a factor in college admissions, while a survey released by AAPI Data last month found that 43% of Asian American voters in California were still undecided over whether they supported or opposed Proposition 16.

It’s difficult to make generalizations about what the Asian American majority opinion might be, lawmakers said. Even within the Chinese American community, which has been particularly vocal in opposing Proposition 16, there has been disagreement.

Concerned about college admissions

Skepticism over Proposition 16 from the Asian American community often stems from fears over how it will affect Asian Americans’ chances in college admissions, several lawmakers said.

Asian Americans are overrepresented in the University of California system, making up 15.5% of the state population but 30% of enrollment last fall. Using race as a factor to create student bodies that more closely mirror the state’s demographics could lead to diminished opportunities for Asian American applicants, opponents argue.

Opponents also say the bill would create a system based solely on race instead of achievement.

“As an individual and as a coalition, we believe in the American ideal that a man or woman should not be judged by race,” said Dr. Wenyuan Wu, executive director of Californians for Equal Rights. “This measure groups people together along racial lines that are not true in real life.”

Wu said she isn’t opposed to affirmative action categorically. What she objects to, she said, are policies based on race rather than demonstrated economic need.

“It’s not just (college admissions). It’s about the principles … of merit-based considerations that are being eroded by this bill,” Wu said.

Concerns over college admissions and the desire for a meritocracy are valid, Asian American lawmakers said. But the measure could actually help boost enrollment from certain Southeast Asian and Pacific Islander subgroups, advocates argued, which tends to be disproportionately low.

Legislators who support the measure also noted that Proposition 16 addresses hiring in state government agencies, areas where Asian Americans continue to be underrepresented or not represented at all.

For example, Low said, there are not enough Asian Americans on the UC Board of Regents despite the high number of Asian Americans enrolled in UC schools. Lark Park, who was appointed by former Gov. Jerry Brown in 2017, appears to be the only regent of Asian descent.

“(Opponents of Proposition 16) are saying that this is racist, that we are a utopia of meritocracy,” Low said. “That’s what we all want to see, but that’s not the reality, so let’s not kid ourselves.”

In society at large, “we still don’t get promoted into management, or leadership positions,” said state Senator Richard Pan, D-Sacramento. “When you look at the tech industry, we’re all represented at the entry level … But when you look at managers and above, we (aren’t) getting promoted.”

How would it work?

Assemblyman Steven Choi, R-Irvine, however, said he has concerns about how the policies would be carried out. He questioned whether workplaces and universities would have to calculate the value of someone’s race in their decisions.

“If you say minority in California, who is minority? How do you define minority?” Choi said. “It’s so vague. It’ll be a nightmare for implementation.”

He said the proposition essentially legalizes discrimination.

“If (Prop. 16) passes and is implemented … there will be all kinds of outcries about this unfair treatment.”

More outreach needed

Some legislators said the official Yes on 16 campaign should have done more to reach out to the Asian American community and explain to them what the measure is and how it works. Outreach should have included efforts like more in-language education, or contacting the editorial boards of popular in-language papers like the Sing Tao Daily, Low said.

“The official (Yes on 16) campaign side recognizes and understands the major opposition is coming from the Chinese community, but they’re also not doing as much as could be done to … talk to Asian opposition,” Low said.

Amelia Matier, press secretary for Yes on 16, said the campaign did reach out to in-language papers, noting that the Sing Tao Daily has endorsed the measure. She said the campaign has spent $600,000 on paid media outreach to Chinese, Korean, Vietnamese, Indian, and Filipino voters.

No matter what the outcome of the election is, Low said, he’s concerned that there still won’t be enough education about how discrimination and discriminatory policies continue to affect Asian Americans in California, which could lead to even more division.

“That is groundwork that could have and should have been done years ago,” Pan said. “It’s difficult to see … that there hasn’t been more outreach and work with the Asian American community, particularly those who have concerns, to address their fears. Because those are real fears. I understand that.”

This story was originally published October 21, 2020 at 5:00 AM.