Plain and Simple ... or Not

The language of SCA5, as passed by the California Senate on January 30, 2014, reads as follows (words in italics mean that the proposed language is being added to the Constitution and words that are stricken-through mean that the existing language is being removed from the Constitution) :

"Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2013-2014 Regular Session commencing on the third day of December 2012, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
  That Section 31 of Article I thereof is amended to read:
  SEC. 31. (a)  The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
  (b)  This section shall apply only taken after the section’s effective date.
  (c)  Nothing in this This section shall not be interpreted as prohibiting bona fide qualifications based on sex which that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
  (d) Nothing in this This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.
  (e) Nothing in this This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the State.
  (f) For the purposes of this section, “State” shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. “State” does not include the University of California or the Public School System.
  (g) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.
  (h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section."