Affirmative Action Bill Exposes GOP Split

WASHINGTON — Signaling an ideological split within Republican ranks over affirmative action, a House panel voted Thursday to kill legislation that would have ended all federal programs designed to help minorities and women.

The House Judiciary Committee voted, 17 to 9, to table an anti-preference bill supported by the GOP leadership, which has made revoking race- and gender-based programs one of its major legislative goals.

As affirmative action supporters girded for an expected battle with the GOP majority, Rep. George W. Gekas (R-Pa.) stunned a packed hearing by offering a motion to table the bill.

After the vote, which ensures that the measure will not be taken up this year, Democrats and affirmative action supporters stood in the crowded hearing room, cheering and hugging in a highly unusual and spontaneous celebration.

House Minority Leader Richard A. Gephardt (D-Mo.) praised the committee vote and called the bill “an extreme measure backed by the House Republican leadership . . . out of step with public opinion.”

Gephardt cited Tuesday’s voter referendum in Houston upholding the Texas city’s affirmative action programs as evidence that Americans support affirmative action.

Gephardt’s claim may not be universally held, as federal affirmative action programs continue to generate political controversy. Earlier this week, the U.S. Supreme Court declined to consider the constitutionality of California’s Proposition 209, which ended the state’s affirmative action programs.

Gekas, who supported Prop. 209 and has opposed affirmative action programs in the past, said the end of the legislative session is not the time to deal with as divisive an issue as affirmative action. He was joined by three other Republicans and 13 Democrats in voting to shelve the measure.

“This is a monumental bill coming at the tail end of the legislative year and would create a circus atmosphere,” he said in an interview after the vote. “My action removed the clash that would have come in Congress at the time when we could do little to avoid it.”

But Rep. Charles T. Canady (R-Fla.) expressed outraged that a GOP colleague would stop his bill. “Four Republicans voted with the Democrats--they voted to prevent a debate, unfortunately,” Canady said.

Gekas said he warned the GOP caucus Wednesday that he would seek to table the bill. “The best thing would have been for [GOP leaders] to pull the bill and then seek another way to improve this,” he said, adding that Canady insisted on having the public committee meeting that exposed fault lines within the party.

Canady agreed that he wanted a vote. “I thought we might as well find out now” the level of support that the bill commanded, he said. “Now our task is to work with the members to address their concerns. We’re committed to move this forward.”

Congressional sources said that although the issue is certain to come up again at some point, the vote to table effectively kills it for this year. Others suggested that the GOP leadership may be reluctant to revisit the issue next year.

“We’d like to think it’s dead, but we know it will be back at some stage in another form,” said one Democratic legislative aide. “What is clear is the fact that Republicans are divided on this right now. They really have a problem in their caucus on keeping their support to end affirmative action.”

Gekas said he would like see a bipartisan group work next year on alternatives to federal affirmative action programs. But even that may not be necessary, he added, noting that recent Supreme Court decisions could be interpreted to invalidate racial and gender preference programs.

“Maybe the best of all worlds is to do nothing and let the Supreme Court act on this in the due course of time,” Gekas said, while noting that approach would not satisfy Canady and other ardent anti-preference lawmakers. “It is the wishes of some in Congress to end affirmative action, and they are unwilling to rest until that’s done.”