The Recombobulation Area is a 19-time 21-TIME! Milwaukee Press Club award-winning opinion column and online publication founded by Milwaukee journalist Dan Shafer.
Angela Lang is the co-executive director of Black Leaders Organizing for Communities (BLOC) and is a Milwaukee Press Club GOLD award-winning contributor at The Recombobulation Area.
There’s been a lot of talk about the Governor’s race for the Nov. 3 election, but not everyone knows there are three questions that will be on every ballot statewide that would amend Wisconsin’s constitution.
One of these has to do with “discrimination” and diversity, equity and inclusion (DEI). As this country and the state of Wisconsin continue to become more diverse, white Republicans see it as a threat to their own power. We continue to see historic “firsts” with an increasingly diverse set of candidates across the country and here in Wisconsin. White men are no longer the only people with access to power, a seat at the table, and a presence in rooms where decisions are made. Policy becomes more equitable, racial disparity gaps start to close.
Discrimination has already been illegal in Wisconsin. The Wisconsin Fair Employment Act, passed in 1945, prohibits public and private employers, employment agencies, labor unions, and licensing agencies from discriminating against or harassing job applicants and employees. This law has continued to be expanded over the years to add more protected classes. Being able to balance out years of historical oppression has only made our state more accessible — and we are better for it.
While all of this should be celebrated, unfortunately, Republicans see this as a zero sum game, and diversity is seen as a personal attack. This proposed constitutional amendment is part of their efforts opposed to the increasing diversity — and acceptance of that diversity — in Wisconsin and across the country.
Republicans have been using these constitutional amendments more and more often in recent years, and have intentionally worded them in ways designed to be confusing to voters. So, on its face, this proposed amendment may sound great, but the devil is in the details.
The amendment on the ballot is worded as follows:
“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?”
The sponsors of the amendment are State Rep. David Murphy of Hortonville and State Sen. Steve Nass of Whitewater, both of whom are retiring from the legislature at the end of their current term. The sponsors of any bill or amendment are always important, but here it is especially notable. Both Murphy and Nass are Republicans and we have seen the Republican Party attack DEI measures as a part of their culture wars. Republican gubernatorial candidate Tom Tiffany has also been a part of dismantling DEI at the federal level, as a congressman.
It begs the question: why are Republicans suddenly seeming to be anti-discrimination, when people like Tom Tiffany have been leading the anti-DEI charge nationally?
This is why the wording is incredibly important. At first glance, why wouldn’t I vote “yes”? I don’t want the state discriminating against people. But two words change the whole meaning — “preferential treatment.” Republicans think diversity measures and protections are an attack on white men. It’s not just saying there shouldn’t be discrimination, but also measures to boost diversity are seen as “preferential treatment.”
What would this mean for Wisconsin? Before DEI, there were things like affirmative action, and other government programs that would address racial disparities and expand opportunities for historically marginalized communities. Voting “yes” would mean there would be no programs that discuss addressing the gaps in opportunities.
Because we know current state law already prevents discrimination, it’s clear this measure is solely for the purpose of eliminating programs that expand opportunities and close disparities. This proposed amendment says you can’t discriminate against marginalized groups, but it also means you also cannot address historical trends of who has access to things like college, workforce programs, contracts, and making sectors accessible in a way that may have not been accessible previously. It could make it harder for Wisconsin to have Black-focused scholarships, minority-business contracting programs, targeted workforce programs, or other government programs designed to address racial disparities. By making it a constitutional amendment, lawmakers would have less flexibility to address these disparities.
The United States has a well-documented history of sordid policies that have intentionally boxed out the Black community. To counter that shameful history, programs have been created to even the playing field. Milwaukee County requires a project to have 25% of minority participation as a part of the Targeted Business Enterprise requirement. Programs like this would be at risk; it would be seen as “preferential treatment” and would be on the chopping block with a “Yes” vote to this amendment question.
Republicans are trying to take us back to the days where, without these safeguards in place, discrimination could be legal. We know laws and policies are never race neutral. We’ve seen things like housing and employment discrimination happen because safeguards like these are not in place. Without efforts like the Targeted Business Enterprise requirement and Minority Undergraduate Retention Grant Programs, we will see disparities widen. Historically disadvantaged communities will continue to be boxed out of opportunities. This proposed amendment could actually lead to more discrimination.
The language for the amendment question is intentionally made for you to think that by voting “yes,” you’re helping ban discrimination in our state and codify it into the Wisconsin constitution. With so much else on the ballot, it can be easy to overlook the details in the wording of the question or not know that “preferential treatment” would impact these various programs that exist to promote diversity. A vote “no” on this would allow these important programs to continue — while also keeping discrimination illegal.
Wisconsin can be better than this sneaky and underhanded attack on historically marginalized communities. The fact that white male Republicans are leading this charge should tell you everything you need to know — given the current political climate we live in. Congressman Tom Tiffany is running for Governor, but clearly doesn’t want to be a Governor for all. Representative David Murphy and Senator Steve Nass are ignoring the historically disadvantaged constituents in their respective districts by proposing this measure.
When historically disadvantaged communities have a hard time competing for access to various industries, we will see an impact in our state. It will be harder for first-generation students to be supported and invested in on college campuses. Minority-owned businesses will continue not to see the same opportunities. Our workforce and Wisconsin’s future can change drastically over future generations. This constitutional amendment, if passed, does not represent the needs of Wisconsinites. It will further exacerbate already existing disparities which will have a ripple effect for generations.
Wisconsin voters, don’t fall for it. Vote NO on Amendment 3.
Angela Lang was born and raised in the heart of Milwaukee. She has an extensive background in community organizing. In the past, Angela served as both an organizer and State Council Director for the Service Employees International Union, working on such campaigns as the Fight for 15. Before founding BLOC, Angela was the Political Director with For Our Future Wisconsin. She is a graduate of Emerge Wisconsin. She currently is the Vice President of the ACLU of Wisconsin Board and sits on the board for Diverse and Resilient, a non profit organization that supports the LGBTQ community in Wisconsin, as well as on the board for the Milwaukee Parks Foundation.
Angela is motivated by making substantial and transformative change in her community while developing young, local leaders of color. Her journey in organizing hasn’t always been easy, but through it all she has remained a fierce advocate for securing more seats at the table for those who represent the New American Majority.
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Isn’t that already the law? Since when is government discrimination legal?