Democratic lawmakers proposed an amendment to enshrine Wisconsinites’ right to privacy in the state’s constitution on Jan. 28, saying the measure would ensure abortion and data privacy rights and protect against unlawful conduct from federal agents.
The amendment was partly proposed in response to escalating Immigration and Customs Enforcement activity during the second Trump administration. Some of ICE’s conduct, such as searching homes without a judicial warrant, are viewed as civil rights violations that sponsors say this amendment would protect against.
“We wanted to make sure there were clear constitutional limits on government intrusion,” Rep. Mayadev, D-Madison, told The Daily Cardinal. “That’s really important right now as we see federal agents trampling upon our civil rights.”
Rep. Andrew Hysell, D-Sun Prairie, told the Cardinal this invasion of privacy and unlawful conduct has accelerated during President Donald Trump’s second term.
“With the Trump administration we’re seeing federal actions that are outside the law and beyond constitutional limits,” Hysell said. “We need to protect people more at the state level.”
The amendment, which is co-authored by all first-term Democratic caucus members, would enshrine a right to privacy beyond what currently exists as state statute — which grants Wisconsinites the right to sue for civil rights violations by federal actors.
“When you put something in statute, it can be changed at any time by a legislature,” Mayadev said. “Once you enshrine a right into the constitution, you’re elevating that right and you can’t do what you can in statute.”
The amendment would also protect rights to data privacy and abortion.
“Women should have the right to privacy for their body and bodily autonomy,” Mayadev said.
The amendment, if passed by the current session, would have to pass in another consecutive legislative session before making it onto the ballot for Wisconsin voters. Hysell said spring or fall of 2028 is the earliest the amendment would appear as a state referendum item.
“I am not naive in the sense that this is going to take a while,” Hysell said. “But we’ve got to get cracking on this.”
Neither Hysell or Mayadev said the proposed amendment has significant bipartisan support, but they hope the amendment will inspire support from across the aisle.
“The right to privacy isn’t partisan,” Mayadev said. “It should be something that all of my colleagues should support.”
