On November 3, Wisconsin voters will decide three constitutional amendments with potentially lasting implications for our state. All three deserve careful consideration, but one stands apart because it strikes at the heart of the Urban League’s century-long mission: expanding equal opportunity, removing barriers to economic advancement and ensuring every Wisconsin resident has a fair chance to succeed.
Constitutional Amendment 3 asks voters whether the Wisconsin Constitution should prohibit state and local governments from “discriminating against” or “granting preferential treatment to” individuals based on race, sex, color, ethnicity or national origin in public employment, public education, public contracting and public administration.
At first glance, the proposal sounds noble. Who would support discrimination?
That question underscores why voters must look beyond the wording. The amendment creates the impression that Wisconsin lacks protections against discrimination and that voters are being asked to establish them. That is simply not the case. Discrimination is already prohibited under federal and Wisconsin law.
Wisconsin has longstanding civil rights protections against discrimination in employment, education, housing and public services. Voters are not being asked whether discrimination should be legal. They are being asked whether governments should lose important tools for expanding opportunity and addressing documented disparities that continue to affect Wisconsin families and communities.
For decades, Wisconsin has maintained programs intended to expand opportunities for businesses historically excluded from government contracting. One example is the state’s Minority Business Enterprise Program, established in 1983. The program was created in response to the limited share of publicly funded contracts awarded to minority-owned businesses, despite taxpayers of all races contributing to government services.
The goal was never to guarantee contracts or eliminate competition. It was to ensure qualified businesses had a meaningful opportunity to compete.
The numbers show why that effort remains important.
According to a Wisconsin Department of Administration report, diverse suppliers received just 5.91% of the $3.5 billion spent by state agencies and the University of Wisconsin System on procurement in fiscal year 2022. In other words, approximately 94% of that spending went to non-diverse vendors.
These figures do not suggest a contracting system dominated by preferential treatment. Rather, they point to persistent barriers to equal participation.
Under Constitutional Amendment 3, programs designed to broaden participation and expand economic opportunity could face legal challenges or be eliminated altogether.
Supporters argue that government should be entirely race-neutral. In theory, that sounds fair. In practice, however, fairness requires acknowledging that opportunity has never been distributed equally. When substantial disparities persist, government should be able to measure them, understand their causes and take appropriate steps to address them.
Programs that encourage participation by historically underrepresented businesses do not automatically disadvantage other businesses or guarantee particular outcomes. Their purpose is to help ensure qualified businesses have a fair opportunity to compete.
That principle lies at the heart of the Urban League movement.
For more than a century, Urban Leagues across the country have advocated not for special treatment, but for equal opportunity. Achieving that goal requires more than declaring everyone equal on paper. It means identifying barriers, measuring disparities and creating pathways that give every individual, family and business a meaningful chance to succeed.
Constitutional Amendment 3 threatens to make that work more difficult.
The proposal is particularly concerning because it extends beyond contracting to encompass the broad category of “public administration.” The scope of that language raises questions about how the amendment could affect public programs, grants, educational initiatives, health interventions, workforce development and other efforts intended to improve outcomes for Wisconsin residents.
Wisconsin continues to face significant racial disparities in areas including employment, incarceration, educational attainment, homeownership and infant mortality. These challenges will not disappear simply because we stop measuring them, nor will they improve if we restrict our ability to address them.
Closing these gaps is about more than fairness. It strengthens our workforce, expands economic opportunity and builds healthier, more prosperous communities. We all do better when we all do better.
That is why voters must look beyond language that promises to prohibit discrimination without fully considering the amendment’s broader implications.
Discrimination is already illegal. The question is not whether it should be prohibited. It is whether Wisconsin should retain the ability to address persistent disparities and the lingering effects of discrimination when they appear in our schools, economy, health care systems and communities.
After more than three decades working to expand opportunity, strengthen pathways to economic mobility and remove barriers to advancement, I believe Wisconsin should preserve those tools.
While Constitutional Amendment 3 deserves particular attention, voters should examine the other two constitutional amendments on this year’s ballot with the same care. Constitutional amendments are difficult to reverse. Before making permanent changes to our state’s Constitution, voters should look beyond the wording of each ballot question, understand what it would do and carefully consider its real-world consequences.
On November 3, look beyond the wording. Consider the impact.
Vote “No” on Constitutional Amendment 3.
