Constitutional Amendment: Governmental entity discrimination prohibited. AJR 102 explained.
The Democratic Party of Wisconsin and its county affiliates urge voters to mark "no" on three constitutional amendments placed on the November 3 ballot by Republican legislators. One proposed amendment concerns affirmative action and diversity, equity, and inclusion (DEI) programs. Assembly Joint Resolution 102 will appear on the ballot as follows: “QUESTION (X): “Governmental entity discrimination prohibited. Shall section 27 of article I of the constitution be created to prohibit governmental entities in the state from discriminating against, or granting preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration?”
Wisconsin offers various initiatives designed to address historic disparities and expand opportunities for Wisconsinites of different racial, ethnic, and gender identities. These include support for minority-owned and women-owned businesses, educational programs that teach students about important historical events, and efforts to rectify achievement gaps. For example, the Wisconsin Supplier Diversity Program certifies minority-owned, women-owned, and disabled veteran-owned businesses and establishes state procurement goals for diverse suppliers. Wisconsin procurement policy also provides for preference in certain competitive situations. The UW-Systems Regents Policies include programs for minority and disadvantaged students, affirmative-action policies for employment, and policies addressing the recruitment and retention of minority and educationally disadvantaged students.
Today's DEI initiatives have roots in the civil-rights and affirmative-action movements of the mid-20th century. Many American institutions were historically structured in ways that excluded or disadvantaged women and racial and ethnic minorities. ACLU Wisconsin points to the underrepresentation of communities of color in the UW-System, disproportionately low Black and Latino homeownership rates, and the persistent racial wealth gap. DEI and affirmative action initiatives respond to this reality.
A working paper by the Census Bureau examined what happened to minority-owned and women-owned (MWBE) contractors after states banned affirmative action in state contracting. The study found that existing MWBE contractors gradually downsized, with particularly pronounced reductions among Black-owned businesses and larger MWBEs, and new MWBEs became relatively less common after states adopted such bans. These findings suggest that eliminating affirmative-action programs in government contracting can have significant economic consequences for minority-owned and women-owned businesses.
If this amendment were to pass, programs addressing disparities based on race, sex, ethnicity, or other characteristics covered by the amendment could face constitutional challenges. These programs are intended to address documented disparities and expand opportunities for people who have historically faced barriers. However, the ballot language erroneously frames these policies as discrimination and preferential treatment. V ote “no” on November 3.
Written by Anna Leffel