Two Republican-backed constitutional amendments, including one that would prohibit any government entity like the University of Wisconsin System from having diversity, equity and inclusion policies, will appear on Wisconsin’s Nov. 3 ballot.
Gov. Tony Evers previously said he would veto a bill aimed at cutting diversity, equity and inclusion in higher education programs, but constitutional amendments bypass the governor's veto power, requiring only legislative passage in two sessions and voter approval.
Co-author Rep. Dave Murphy, R-Hortonville, said in testimony that the joint resolution would “restore merit, fairness, and equality to all government hiring and operations in Wisconsin,” but Democrats argue it is just a way for Republicans to bypass the governor's powerful veto pen.
Although the U.S. Supreme Court ruled against race-based considerations in college admissions in 2023, public universities are still allowed to allocate scholarships and grants based on race and other characteristics.
If voters approve the amendment, UW-Madison grants supporting minority students, including the Minority Undergraduate Retention Grant, which provides up to $2,500 per year for higher education, may be deemed unconstitutional.
“This amendment will legalize discrimination by making accountability unconstitutional,” Sen. Dora Drake, D-Milwaukee, said in a statement.
The Wisconsin Supreme Court heard arguments on Feb. 11 for a lawsuit arguing the Minority Undergraduate Retention Grant unlawfully discriminates on the basis of race. The lawsuit was filed in 2021 by the Wisconsin Institute for Law and Liberty, who publicly supports the proposed amendment, coining it the “Equality Amendment”.
UW-Madison declined to comment on the potential impacts of this amendment on grants and scholarships.
Co-sponsor of the legislation Sen. Steve Nass, R-Whitewater, did not respond to a request for comment.
The Assembly also approved a second measure that would prohibit state and local governments from ordering places of worship to close during a state of emergency, including a public health emergency.
This amendment is motivated by emergency orders issued by Evers during the COVID-19 pandemic. The “Safer at Home” order in March of 2020 restricted public gatherings, including religious services.
A third proposed amendment, which passed the Senate on Jan. 21 and is still awaiting Assembly approval, would prevent the governor from using Wisconsin’s partial veto power to extend or create a tax or fee.
Currently, Wisconsin law allows the governor to strike entire words, numbers and punctuation in appropriation bill text.
The measure was motivated by Evers’ 2023 partial veto to extend a two-year increase in school revenue, approved by Republican lawmakers in the budget, to a 400-year increase.
There is currently no set date for when the Assembly will vote on this measure.
