LWV, National Organization for Women embark on campaign to defeat 'anti-equity' amendment

In the 8 years before Tony Evers became Governor of Wisconsin, when the Republicans held all three branches of government, a total of three constitutional amendments were introduced to the voters.

Between 2020 and 2025 the GOP introduced a whopping 10. 

Critics site three problems with that flurry of activity: 1) The Constitution is not intended to be amended frivolously and many of the measures have included such things as voting laws, criminal justice, power grabs by the legislature and cuts to the social safety net and; 2) They represent attempts by the GOP to circumvent the legislative process (including the Governor’s veto pen), and on issues that aren’t inherently Constitutional matters, at that; and 3) Many of the restrictions, requirements, prohibitions, etc. they have tried to install via these measures are already on the books in one form or another. Enshrining them in the Constitution, those critics say, makes it all but impossible to ever revisit or reverse them.

In short, they argue, such profligate use of ballot measures is bad for democracy.

Three more GOP amendments

Now you can add three more amendments to that total, bringing the number of attempts by the GOP to alter the Constitution since Evers took office to 13. On the Nov. 3 ballot voters will be given a chance to vote yea or nay to three questions. 

The League of Women Voters of Appleton-Fox Cities and the Appleton Area National Organization for Women are sounding the alarm and strongly urging No votes on all three. In particular they have their sights set on one they say would do great harm, despite its innocuous-sounding language. That measure, which they have dubbed "the anti-equity amendment,' would ‘Prohibit Government Discrimination or Preferential Treatment.’

For all intents and purposes, argued Joan Schwarz, Chair of the Impartial Justice Committee of the state League of Women Voters, the measure is taking dead aim at Diversity, Equity and Inclusion. 

Schwarz delivered a presentation on the matter at an Appleton Area NOW meeting last week.

Based on the language, a voter might understandably conclude that the amendment’s intent was to offer protections for communities who have historically been victims of discrimination.

Yet Republicans behind the initiative seem to intend the opposite, arguing that any discrimination is wrong, even if the intent is based on past wrongs.

"Preferential treatment to any individual or group is wrong, no matter who it targets or what the reason,” said Republican State Sen. Stephen Nass. “Past discrimination, however wrong, cannot be corrected with more discrimination."

Misleading language

Schwarz objects on several grounds, starting with the premise that addressing past wrongs is somehow discriminatory. She also said the language is purposely misleading, designed to elicit reflexive assent from a voter who doesn’t understand the implications. The language is also so vague and overly broad, she suggested, that it is nearly impossible to determine what exactly is covered by the amendment and to what it refers. She went on to point out that the government is already prohibited from discrimination and preferential treatment.

Finally, and of most concern to Schwarz, is the many very specific ways such an amendment would impact people, organizations and business across Wisconsin.

The amendment would create a new section of the Wisconsin Constitution “to prohibit any governmental entity from discriminating or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.”

“Preferential treatment is not defined, and public administration is not clear,” Schwarz pointed out. “That's the day-to-day of government operations, and it's extensive.”

The terms of the amendment define a governmental entity as “the state, its political subdivisions, including municipalities, the University of Wisconsin system, the technical college system, any public college or university, any public school district, any office, department, independent agency, board, commission, authority, institution, association, society, or other body in state or local government created or authorized to be created by the Constitution or any law, including the legislature and the court.”

It is so overbroad, Schwarz argued, that the Wisconsin Supreme Court is going to be endlessly tied up in litigation.

Far-reaching consequences

The potential real-life impact of removing equity protections for underserved populations are where the real dangers lay, Schwarz says. Those include health equity (impacting programs addressing Black maternal mortality and birth outcomes, for example); public education (UW admissions, grants, curriculum, scholarships, etc.); minority-owned business (5 percent of state agencies and the UW system has been set aside for such businesses since 1983); hiring and workplace diversity (state funding for equity-based programs and hiring practices to achieve equity would be on the chopping block); literacy programs; and more.

Schwarz warned that issues surrounding the disabled might also be impacted. It’s not mentioned specifically but the amendment opens the door to broad interpretation. She pointed to Rep. Shae Sortwell’s recent study that identified potential targets of the amendment.

“He listed every grant, every bit of training, and he listed in almost all the counties the (Aging and Disability Resource Centers) ADRCs,” she noted, referring to long-term services and support for people with disabilities. “And in doing so, it's not clear if (the amendment) going to be attacking them, but since it's included in his study, we are more than a little concerned about it.”

Schwarz argued that the amendment could wipe out sixty years of work toward achieving equity in the state. Equity, broadly, refers to non-discrimination against people and groups who have historically been underrepresented and seeks to ensure fair treatment, access and opportunity where it has not always existed. It applies on the grounds of ethnicity, race, gender, disability, religion and sexual orientation.

What happened in Michigan

Schwarz pointed to Michigan as a real-life example of what Wisconsin is facing if Yes wins. That state passed a similar amendment in 2006.

“In higher education, many universities have closed offices and programs to enhance diversity and inclusion,” she said. “It has rolled back DEI-related hiring requirements in hiring, promotion, and tenure. There is less institutional support for marginalized student groups, less structured programming around cultural competence, diversity, and inclusion, and there's uncertainty about where to seek support for discrimination or bias concerns.”

Schwarz said businesses in Michigan must now sign a covenant that any outreach they do “is not exclusive to specific races or genders.” She argued that such strictures create a chilling effect on all businesses and would do the same in Wisconsin.

Republicans argue that the word equity can be found nowhere in the Constitution. Yet Schwarz countered that that is too narrow a reading of the role of equity in our history.

“The British system had two court systems: law courts and equity courts,” she said. “When we developed our legal system here, we collapsed back and we have one court that does both law and equity. 

“At the end of every statute in Wisconsin, the last provision allows discretion by the judge to balance equities, and so very definitely, equity is a part of our legal system.”

Closer-to-home impacts

What’s at risk closer to home in Outagamie and Winnebago Counties? Schwarz pointed to DEI human resources training; equity in the criminal legal system; health department unconscious-bias training; mental health division training; staff positions, including the DEI program specialist and coordinator and two DEI officers. All have been targeted in a Republican study should the amendment pass. The list continued: public force development, workforce development, a public health infrastructure grant, a maternal child health program grant, a local public health emergency preparedness grant, among others. 

All, potentially, could be considered preferential treatment under the amendment's definition.

The Winnebago Literacy Council, which tutors immigrants in language skills and workplace literacy, receives more than 20 percent of its funding via grants. That, too, could be at risk, said Dory Witzeling, Appleton Area Now Corresponding Secretary. 

“(This amendment) is absolutely in alignment with the goals of Project 2025,” said Corrie Kovacs, Legislative Director for the state League of Women Voters. “One of those goals is to eliminate all DEI, all reproductive rights, all rights for women, and our rainbow community. And this amendment absolutely would have that impact on all federal funding for those kinds of programs.”

Another of the three amendments would prohibit the government to close places of worship during a public emergency and a third involves gubernatorial veto powers. 

The National Organization for Women and the League of Women Voters are planning to conduct an educational campaign as they advocate to defeat the amendments.