Wisconsin voters approve Republican-backed amendment on DEI and "government discrimination"

Wisconsin voters approved a constitutional amendment Tuesday that prohibits governmental entities from discriminating against or granting preferential treatment based on race, sex, color, ethnicity or national origin, a measure Republicans backed as a way to limit diversity, equity and inclusion programs.

Question 3 passed with 56.4% of the vote. With 98% of votes counted, 1,446,384 voters supported it and 1,116,741 opposed it, a margin of 329,643 votes. The amendment covers public employment, education, contracting and administration.

The amendment defines governmental entities broadly, according to testimony from Sen. Steve Nass, a co-author. The definition includes the state, municipalities, the University of Wisconsin System, the Technical College System, public school districts and any board, commission or agency created by law, including the Legislature and the courts.

When the Assembly first passed the proposal in February 2024 on a 62-35 party-line vote, WCCO reported that it would apply to state and local governments, including the Universities of Wisconsin and local school districts. Conservative backers said the programs are discriminatory, while Democratic supporters of the programs said they are needed to ensure institutions meet the needs of an increasingly diverse population, according to the Associated Press's reporting at the time.

The AP also reported that Wisconsin Republicans had turned to constitutional amendments because they don't require a sign-off from Democratic Gov. Tony Evers.

Republican Rep. Dave Murphy, the sponsor, said during the 2024 debate that the amendment "restores merit, fairness and equality in hiring." Republican authors said the measure was modeled on a Michigan amendment adopted in 2006 and upheld by the U.S. Supreme Court.