The state Assembly today approved a pair of constitutional amendments that would bar discrimination or preferential treatment based on certain characteristics and protect the right to gather in places of worship during a state of emergency.
AJR 102, which proponents have dubbed the “Equality Amendment,” passed 54-45 along party lines. It would prohibit government entities from discriminating against or granting preferential treatment to any person or group based on race, sex, color, ethnicity, or national origin in public employment, public education, public contracting or public administration.
Rep. Andrew Hysell, D-Sun Prairie, argued a provision in the constitutional amendment could be used to deny someone a public job or contract because they are a man or a woman.
The provision in question notes nothing in the amendment “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.”
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“I asked a witness testifying for AJR 102 in committee about this provision … and what it meant, what it was for, and paraphrasing, he said it would apply to situations like preventing men from coaching female sports teams,” Hysell said. “This would be big news for the UW women’s volleyball coach, Kelly Sheffield, who happens to be a guy.”
AJR 102 co-author Rep. Dave Murphy, R-Hortonville, rejected Hysell’s argument and said Sheffield got his job based on merit.
“And this is what we’re trying to bring to all aspects of the state of Wisconsin — the ability to have merit, fairness and equality determine how things are done in the state of Wisconsin,” Murphy said.
The chamber also signed off 56-43 on AJR 10, which would bar the state and political subdivisions of the state from ordering the closure of or forbidding gatherings at places of worship in response to a state of emergency at the national, state, or local level, including an emergency related to public health.
Republicans introduced the measure after Gov. Tony Evers’ stay-at-home order in the early days of the COVID-19 pandemic prevented houses of worship from meeting indoors with their full congregations.
Rep. Sylvia Ortiz-Velez, D-Milwaukee, who left the Dem caucus in September, joined Republicans in favor.
Both constitutional amendments are up for second consideration this session. If approved by the state Senate, the proposed amendments will be sent to voters for referendum on the November ballot.
