AFFIRMATIVE-ACTION BID MADE IN MISSOURI

Affirmative action has long been hotly debated across the nation. In a misguided effort to make up for outrageous inequities of the past, the government has embraced preferential treatment on the basis of gender and race.

But that too weighs down the scales of equality and fair play.

Equity lies somewhere in between. No one should be discriminated against nor favored in state contracts because of their race or gender. Awarding contracts should be based on bid quality and performance.

A controversial bill pending in the Missouri Senate would bar the government from giving minorities an edge in state contracts.

Its sponsor, Senate Republican Leader Steve Ehlmann, wants to bring Missouri in line with federal court decisions that bar racial preferences in most cases.

This bill is in response to California's Proposition 309, which was approved by that state's voters in November 1996. It was later upheld by the U.S. Supreme Court.

California mandates that state and local governments cannot "discriminate against or grant preferential treatment to any or group on the base of race, sex, color, ethnicity or national origin."

Ehlmann's bill would bar any law, executive order, policy or rule "which gives races, sex, color, ethnicity or national origin as a criterion" in making governmental decisions.

The proposal would allow racial preferences or quotas only in response to cases where discrimination is proven by "clear and convincing evidence."

Critics are lining up to shoot down the proposal, which may degenerate into a debate filled with senseless finger pointing and name calling. But these critics should remember that Ehlmann didn't pull this issue out of thin air.

Like it or not, Missourians cannot ignore the fact the U.S. Supreme Court let stand California's position on affirmative action. In essence, the high court's inaction means California's law becomes the new standard.

That's a fact that Missouri and the other states must deal with or face the threat of expensive and ill-fated court battles.