Changes to the Wisconsin Constitution on the ballot this November
In November Wisconsin voters will be asked if they want to make a change to the State Constitution. This fact sheet is to help you understand the proposed change: Resolution 102.
Proposed Change
The change, or amendment, to the State Constitution adds a new section to Article I. Article I is the “Declaration of Rights." It includes laws about free speech, freedom of religion, and prohibiting slavery.
The proposed new section (Article I, Section 27) “prohibits 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."
The next sections of this fact sheet will help you understand what this means.
Public Entities
Governmental entities are state or local institutions that serve the public. These are also called “public entities." Article I, Section 27 would cover:
- Public colleges and universities
- Public school districts
- Courts
- Local governments
- State and local legislatures
- State and local contractors
- Other bodies created by state or local government
Discrimination
Discrimination means that someone is treated unfairly because of their race, sex, color, ethnicity, or national origin, or another protected group. It is already illegal for public entities that get federal money to discriminate against people based on race, sex, color, ethnicity, or national origin (Title VI of the Civil Rights Act of 1964). Several state laws also already exist to protect the people in these groups from discrimination. (Wisconsin Fair Employment Act (Wis Stat. § 111.31) and Open Housing Law (Wis Stat. § 106.50), and Wis. Stat §§ 36.12, and 118.13).
Preferential Treatment
Preferential treatment means a person or group of people are prioritized for opportunities, advantages, or benefits over other people. Critics argue that preferential treatment can lead to reverse discrimination where people from majority groups are unfairly disadvantaged. Supporters believe that preferential treatment is needed to create equal opportunities and address the effects of discrimination.
Below are some examples of programs that use preferential treatment:
- Affirmative Action: Policies designed to improve opportunities for minority groups, women, and other historically underrepresented people in education and employment.
- Diversity initiatives: Prioritizing applicants from underrepresented groups for employment or education opportunities.
- Targeted Programs and Services: Programs and services reserved exclusively for certain groups of people rather than the general public.
- Minority/Women-Owned Business Enterprises (MWBE): Programs that set aside a percentage of public contracts for businesses owned by minorities or women.
Article I, Section 27 would make it illegal for public entities to use preferential treatment based on race, sex, color, ethnicity, or national origin in Wisconsin. There are three exceptions.
- If it would be against federal laws.
- If preferential treatment is needed to get or keep federal funding.
- If there is a genuine reason a person's sex a qualification and is needed for the entity to operate.