An Amendment to Consider – Carefully

Lynn Gerlach

If someone asked you to help prohibit discrimination against people on the basis of race, sex, ethnicity, and so on,  you’d jump right onboard, wouldn’t you? We all would. We want all public, government-sponsored actions – employment, education, contracting, administration – to be unbiased and non-discriminatory.

However, a proposed amendment to our state constitution that you’ll be asked to consider on your November ballot might require a second look. Here’s what it will say: “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?”

That’s the proposed language, but isn’t such discrimination already illegal in Wisconsin and nationwide? So why would we now amend our state constitution to prohibit governmental entities from such treatment of individuals or groups? It might be wise to consider what new language is being proposed: 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...” That throws a whole different light on things. If the law prevents you from “granting preferential treatment” to individuals or groups, then these might be the consequences:

·      Public equity-based programs could now be considered unconstitutional.

·      Helping marginalized groups might now be construed as discrimination against anyone who is not part of a marginalized group.

·      If you provide assistance to underserved communities, you might now have to stop that service because it’s not going to all parts of your community.

In short, if this amendment passes, and you continue to offer support that lifts up marginalized groups, you might be accused of discriminating against everyone not in those groups!

The League of Women Voters of Wisconsin points out some specific dangers inherent in amending our constitution in this way. They tell us:

·      Health and environmental equity programs for marginalized people might now be considered unlawful.

·      Programs to ensure access to education for marginalized groups, including grants and scholarships, might be considered unconstitutional.

·      Some programs that reduce poverty and provide food might be considered “preferential” and therefore discriminatory.

·      Support for businesses owned by women might be considered discrimination against men.

·      Diversity initiatives to enable equitable hiring might be seen as discriminatory to the majority.

·      Issuing public contracts to minority-owned businesses might be seen as discriminating against businesses owned by people not within a minority group.

Make sure you’ve considered the likely consequences of your decision before you go to the polls in November. Visit the LWVWI page to learn more and be prepared.