Question 3Constitutional amendment · Put on the ballot by lawmakers
Ban government identity preferences
Explain it like I'm 5
This rule would tell government not to treat people better or worse because of race, sex, color, ethnicity, or national origin. Supporters say that means one set of rules for everyone, while opponents worry it could limit programs meant to help groups facing unequal chances.
Yes vote
Governmental entities could not discriminate or grant preferential treatment based on race, sex, color, ethnicity, or national origin in covered public activities.
No vote
The Constitution would not add this ban, leaving current laws and policies governing discrimination and identity-conscious programs.
The question to ask yourself
Should government be barred from using these identities in preferences, even when a program aims to address unequal starting points?
The case for
- Government decisions about jobs, education, contracts, and services should use the same standards for everyone.
- It would prohibit preferences based on traits unrelated to individual qualifications.
- It could limit programs supporters view as unfair race- or sex-based preferences.
Backed by: Republican Party of Wisconsin, Wisconsin Institute for Law & Liberty, Wisconsin Manufacturers & Commerce
The case against
- It could restrict programs designed to address unequal access or past discrimination.
- The phrase “preferential treatment” could produce uncertainty and court challenges.
- Existing anti-discrimination laws already prohibit much harmful conduct, so the amendment may be unnecessary.
Opposed by: Democratic Party of Wisconsin, American Civil Liberties Union of Wisconsin, League of Women Voters of Wisconsin, Wisconsin Education Association Council
- Money
- There is no direct cost or tax effect estimated, although agencies and schools may need to review policies.
- Don't be misled
- It is misleading to say the measure only restates existing anti-discrimination law, because it also targets preferential treatment and could affect equity or affirmative-action programs.