Wisconsin voters say yes to two of three constitutional amendments
Wisconsin voters approved two constitutional amendments on Election Night, while narrowly rejecting another that would have prohibited the government from shutting down places of worship during a state of emergency. Places of worship will continue to be treated like other entities to protect public health in an emergency.
Passing with 51%, voters narrowly approved a constitutional amendment that will limit the governor’s partial veto authority, preventing its use to introduce or increase taxes or fees. Both parties have used the Governor’s veto power extensively, but courts and the constitutional amendment process have rolled it back several times over the years.
The anti-equity amendment passed with 56.4% of the vote. It prohibits state courts, the Wisconsin legislature, the UW-System, and other public bodies from granting preferential treatment or discriminating based on race, sex, color, ethnicity, or national origin in public employment, education, contracting, or administration.
Wisconsin already has laws prohibiting discrimination, so adding the phrase “preferential treatment” could potentially create confusion and invite litigation. Unanswered questions include whether it would ban all diversity, equity, and inclusion efforts; what it would mean for distinctions based on sex; and whether it would have unintended consequences for programs such as maternal or pregnancy care, language interpreters, and Head Start programs, to name a few.
What's next for Wisconsin
The Republican-controlled legislature introduced 15 constitutional amendments over Tony Evers' eight years as Governor. Most of those came in response to legislation vetoed by Evers. Nine of those amendments passed.
Now, with Democrats winning all three branches of the government on Tuesday, they will have their own wish list of amendments.
Appleton Area NOW (National Organization for Women), along with other advocacy groups, is seeking a Wisconsin version of the Equal Rights Amendment, which has been stalled on the national level. In 1972, Wisconsin became one of the first states to ratify the federal Equal Rights Amendment but still has not passed it in its own constitution. Democratic sponsors of the amendment include Sen. LaTonya Johnson and Rep. Brienne Brown, along with Reps. Lori Palmeri, Lee Snodgrass, Lisa Subeck, and Tip McGuire.
Governor-elect David Crowley has proposed a state constitutional amendment to establish a fundamental right to reproductive freedom, including abortion, contraception, fertility treatment, and miscarriage care, without state penalties for patients or physicians
Since the U.S. Supreme Court's 2014 decision legalizing same-sex marriage, Wisconsin’s 2006 ban on same-sex marriage has been unenforceable, but the ban still remains in the Constitution. Lawmakers are expected to introduce legislative measures to remove or amend the Constitution to codify marriage equality.
The process
To pass a constitutional amendment in Wisconsin, a proposed change must successfully navigate a three-step process.
First, the proposed amendment must be introduced in either the State Senate or the State Assembly as a joint resolution. It must pass both houses of the legislature by a simple majority vote. The measure bypasses the governor entirely.
The exact same amendment language must be reintroduced during the next legislative term and be approved again by a simple majority vote in both chambers. If any wording is altered, the process starts over.
Once passed by two consecutive legislatures, the amendment is placed on a statewide ballot as a referendum. If a simple majority of Wisconsin voters cast a "Yes" vote, the amendment officially becomes part of the Wisconsin Constitution.
