A Republican-backed constitutional amendment has passed the Wisconsin Assembly and is now heading to the state Senate. The proposal would stop state and local governments from giving preferential treatment based on race, sex, ethnicity, or national origin. Supporters say it promotes merit-based decisions, while opponents argue it could weaken diversity and inclusion programs and hurt minority-owned businesses. If the Senate approves it, voters will decide on the amendment in November, as reported by Legislature's site.
The plan is laid out in Senate Joint Resolution 94 and its Assembly companion, AJR 102. It would add a new section to Article I of the state Constitution that forbids government entities from discriminating or granting preferential treatment "on the basis of race, sex, color, ethnicity, or national origin" in public employment, public education, public contracting or public administration, according to the official bill text. Committee records show the resolution received a public hearing and was recommended out of committee earlier this month. For the full language, see the bill text on the Legislature's site.
Republican lawmakers have defended the amendment as a straightforward fix. GOP state Rep. Dave Murphy argued it "restores merit, fairness and equality," according to WISN, and said the change would apply across state agencies, school boards and local bodies. Supporters insist the text simply blocks race- or sex-based favoritism in public decisions.
Democratic leaders have pushed back hard, calling the measure a blunt instrument that would undercut efforts to narrow long-standing disparities. Milwaukee Mayor Cavalier Johnson blasted it as "essentially political theater, designed to create confusion and sow further division," and Milwaukee County Executive David Crowley warned it could hit minority-owned businesses, according to WISN. Sen. Dora Drake, who chairs the Legislative Black Caucus, said in a statement that the language could strip away supports such as state financial aid and the Supplier Diversity Program, as per WisPolitics.
How the amendment would work
Under Wisconsin law, a proposed constitutional amendment must be approved by the Legislature in two consecutive sessions and then win a statewide referendum before it is added to the Constitution. This year marks the second consideration for SJR 94, so a Senate vote in the same form would send the question to the November ballot. Legislative tracking shows SJR 94 has cleared committee and that the Assembly adopted the companion AJR 102 on Jan. 13 in a 54-45 vote; see LegiScan for the schedule and actions.
Why critics say it matters
Opponents argue the amendment's broad phrasing could force agencies, schools and courts to treat common practices like targeted outreach, recruiting or supplier-diversity initiatives as unlawful "preferential treatment," chilling programs meant to address historic inequities. Sen. Drake and other Democrats have pointed to state financial aid programs and the Supplier Diversity Program as examples they believe could be put at risk if the measure passes, according to WisPolitics. Legal experts and advocacy groups say enforcement of the amendment would likely be hashed out in court if it reaches the ballot or becomes law.
Next steps
Senate leaders now control the timing of a floor vote; the resolution is eligible for scheduling following committee approval and the Assembly's recent action. If the Senate passes the joint resolution in identical form, state election officials would place the question on the November ballot for a public vote. The resolution text and roll-call history can be followed through the Legislature's site.
Milwaukee officials say they plan to make their case directly to voters and urge close scrutiny of how far the amendment could reach, while supporters continue to pitch it as a simple reset of government hiring and contracting rules. The coming weeks will show whether the Senate sends the measure to a statewide referendum and, if it does, how intense the campaign on both sides becomes this fall.
