BY MICHAEL HAWTHORNE and SANDY THEIS
The Cincinnati Enquirer
A day after a federal judge shot down Ohio's affirmative action program for state construction contracts, gubernatorial candidates proved once again they were at opposite ends of the spectrum.
Republican candidate Bob Taft and Democratic candidate Lee Fisher said Thursday they both support appealing the decision -- likely the next step -- though they don't share the same philosophies on set-aside programs.
Mr. Taft is against race-based quotas and favors setting goals on such projects, while Mr. Fisher supports affirmative action programs.
While stumping in northeast Ohio on Thursday, the candidates were questioned by reporters about the federal court decision issued Wednesday as well as how they would tackle the very sensitive issue of affirmative action.
Mr. Taft tried to balance his opposition to race-based quotas with his support for appealing the federal court decision that throws out the set-aside program.
"I think the state ought to appeal the decision, but we also ought to be prepared for the possibility of losing," Mr. Taft said. Asked to elaborate, he added: "I would be concerned that we might not even have the ability to set goals and work toward goals." He said he would oppose ballot initiatives such as California's groundbreaking Proposition 209, approved by voters in 1996 to repeal affirmative action in admissions, recruiting, hiring and promotions in the state's government and colleges.
"I think that would be very divisive," Mr. Taft said.
Should lawmakers decide to pass legislation similar to Proposition 209, Mr. Taft said his "plan would be to veto it."
"I would work with the legislature to prevent that kind of an issue from going forward because it would be very divisive."
Conversely, Mr. Fisher said he would veto any legislation that would scrap the state's set-aside program. Such a measure is a real possibility because Republicans control that state legislature, though leaders in the house and senate have sought to avoid a potentially divisive debate on the issue.
In addition, he said he would campaign against any proposed constitutional amendment similar to Proposition 209.
When asked about a plan to change the set-aside program from one based on racial and gender preferences to one based on economic need, he said: "I think economic need is relevant, but I still believe racial classifications are relevant as well."
The discussion comes a day after U.S. District Judge James L. Graham's decision that struck down the state's affirmative action program on construction contracts. Specifically, the program set aside a portion of state construction contracts for African mericans, Hispanics, American Indians and Asians.
After a two-day trial in Columbus, Judge Graham issued a decision Wednesday from the bench stating that Ohio failed to prove that minority firms benefiting from the program had been discriminated against.
With opinion polls showing that a third of Ohio's electorate is undecided about the candidates for governor, Mr. Fisher held a rally at a Cleveland Baptist church with Vice President Al Gore intended to get African-American voters to the polls on Tuesday.
Before the rally, Mr. Fisher and Mr. Gore met privately with a group of black ministers. Mr. Fisher encouraged the clergy to talk about the court decision during their Sunday sermons. Lisa Donovan contributed to this report.