Diversity, equity and inclusion, or DEI, is on the November ballot in Wisconsin.
That’s because the state Legislature passed a GOP proposal to ban governmental entities from discriminating against or granting preferential treatment based on race, sex color, ethnicity, or national origin.
Now the issue goes to voters in a referendum that could amend the state constitution to include that ban.
Supporters say if the amendment passes, the change will bring merit back to Wisconsin. But opponents say the measure would undo years of civil rights advancements that have benefitted all people.
In 2020, following the police murder of George Floyd, the nation experienced what some refer to as a racial reckoning.
Companies and institutions began to examine exclusionary or racist practices that impacted people of color.
Many organizations created DEI offices and programs. They were meant to increase fairness and equity. But there was significant political backlash.
The first week of his second presidency, Donald Trump issued a series of executive orders targeting DEI, including closing the offices, positions, and programs in the federal government.
Wisconsin’s Republican lawmakers targeted UW System positions and Milwaukee County and city jobs and programs related to DEI.
Now, Wisconsin voters will decide whether to change the state constitution to ban DEI in governmental entities in the state.
Emily Lau is a staff attorney at the University of Wisconsin Law School State Democracy Research Initiative. She explains the process.
"Here in Wisconsin, amendments need to be passed by two successive legislatures, and then it has to go voters to get approved or rejected by a 50% majority," Lau says.
She adds that the constitutional amendment would give voters the final say on the issue
"This is a process that doesn’t require the governor’s approval," says Lau.
Here’s the question voters will see on November ballots:
“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?”
Republican state Representative Dave Murphy of the 56th Assembly District co-sponsored the proposal.
"The idea behind it is to bring merit, fairness, and equality into all aspects of government operations by allowing for the best person to be hired no matter what race or gender they are," he says.
Murphy says this will benefit Wisconsin in the long-run. And he says letting voters decide on DEI makes sense.
"When you’re looking at something that’s very fundamental to how the state operates, then that makes it something that certainly a constitutional amendment would be appropriate for, rather than say putting it in statute," says Murphy.
But Democratic state Senator Dora Drake of the 4th Senate District sees a more sinister intention.
"It's written in a way where I think every person will be like, 'Oh yeah, I absolutely agree with no discrimination or anything like that.' The reality is that if this was enshrined in our constitution, it actually would cause more harm across the board, not just for Black folks, not just for brown folks or women, but just everybody in Wisconsin," Drake says.
Drake says part of being a lawmaker means incorporating data that shows where the most need is into decisions to address inequity.
She says, for example, when lawmakers work on the budget every two years, they look at data that shows what each district needs. And she says the goal is to uplift the most disadvantaged.
"You can’t address that unless you name it. And with legislation like this, when there is a constitutional amendment that if established would eliminate my ability as a senator to create legislation to address the very needs that have those systems in place – it’s just wrong."
"It's a trick," says Dr. Monique Liston, the founder of Ubuntu Research and Evaluation, a Milwaukee-based consulting firm.
"Its intention is actually to remove all of the offices, efforts and initiatives that support Black, brown, Indigenous, immigrant, women, disabled folks in order to be successful in the workplace, to be successful in the state, to have accesses to the resources that they need. And so, while the language itself says, 'We're not going to discriminate,' it prevents access for folks who have been historically marginalized, and that's the trick," she says.
A number of states have pushed back against DEI in some capacity.
PEN America is a non-profit organization working to protect free expression.
Since 2021, the organization has tracked hundreds of bills in the U.S. intended to restrict teaching and training in K-12 schools, higher education, and state agencies and institutions on topics of race.
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