Question 3: Governmental Entity Discrimination Prohibited
QUESTION 3: “Governmental entity discrimination prohibited. 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?”Section 1. Section 27 of article I of the constitution is created to read:[Article I] Section 27 (1) In this section, “governmental entity” means the state, its political subdivisions including municipalities, the University of Wisconsin System, the Technical College System, any public college or university, any public school district, and any office, department, independent agency, board, commission, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts. (2) A governmental entity may not discriminate against, or grant 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. (3) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the governmental entity. (4) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, public contracting, or public administration. (5) If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision of this section held invalid shall be severable from the remaining portions of this section.Explanatory statement regarding Question 3:Under current law, both under Article I, section 1 of the Wisconsin Constitution and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, states and local governments may not discriminate based on race, ethnicity, color, national origin, or sex except under specific circumstances. For race, color, ethnicity, or national origin, discrimination in favor of or against a group is permissible only if the government has a compelling interest and a narrowly tailored remedy. For sex, discrimination is permissible if it serves an important government interest and is substantially related to that interest. Current law also makes distinctions depending on whether discrimination is overt and intentional, or merely a disparate impact of a neutral policy.The proposed amendment would create a new provision, Article I, section 27, which would prohibit state and local governmental entities from discriminating or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.This language appears to impose stricter standards against discrimination than the standards under current state and federal law.The amendment contains three exceptions. It does not apply if it would cause the governmental entity (1) to lose eligibility for a federal program or (2) to violate federal law. And the amendment’s prohibition on treating people differently based on sex does not apply to measures that are “reasonably necessary” to the “normal operation” of public employment, education, contracting, or administration.A “yes” vote on Question 3 would vote to create a new provision of the Wisconsin Constitution—Wis. Const. art. I, § 18, which would prohibit any governmental entity from discriminating or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting, or public administration.A “no” vote on Question 3 would vote not to add Wis. Const. art. I § 18 to the Wisconsin Constitution.Source: Type C Notice of Referendum Election, November 3, 2026Statement of Transparency: The League of Women Voters has advocated for a position regarding this ballot measure. To avoid any conflict of interest, we have only included official, unbiased information provided by the State of Wisconsin.
