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GOP efforts to limit DEI move ahead as Democrats criticize ‘attack’ on marginalized communities

Wisconsin Republicans are pushing to eliminate diversity initiatives throughout the state with a constitutional amendment that will likely go to voters this fall and through a government efficiency effort that seeks to cut DEI training and programs. | Illustration by stellalevi/Getty Images Creative

Republican efforts to target diversity, equity and inclusion (DEI) programs throughout Wisconsin are advancing this week with a constitutional amendment likely to appear on ballots this fall following a Wednesday Senate vote. 

For the last several years, Republican lawmakers have sought to limit DEI in Wisconsin including by introducing bills that were vetoed by Gov. Tony Evers, holding hostage pay raises for the University of Wisconsin system employees during negotiations to limit DEI, and now, placing a constitutional amendment before voters. The efforts come as the Trump administration has also targeted DEI in the federal government and throughout the country.

“It’s just a larger attack that we’re seeing in this country against anything that uplifts our most marginalized communities…,” Chair of the Legislative Black Caucus Sen. Dora Drake (D-Milwaukee) told the Wisconsin Examiner in an interview. “This started even before, you know, President Trump was elected. There’s just been a pushback with these programs and it’s because we’re starting to see some progress.” 

The Wisconsin State Senate will vote this week on a constitutional amendment that would prohibit local governments from “discriminating against, or granting preferential treatment to” anyone based on race, sex, color, ethnicity, or national origin. The proposal was first introduced and passed by the Republican-led Legislature in 2024. It is one of three constitutional amendment proposals that voters may have the final say on in November.

Drake has been seeking to increase awareness of the anti-DEI constitutional amendment over the last week.

Constitutional amendment proposals must pass two consecutive sessions of the state Legislature before they are  placed on ballots. In recent years, Republicans have, with mixed results, relied on constitutional amendment proposals to bypass Democratic Gov. Tony Evers.

If AJR 102 passes on Wednesday, voters will see the following question on their ballots in November: “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?”

Authors of the amendment, including Rep. Dave Murphy (R-Hortonville), have said the proposal will restore “merit, fairness and equality to government practices from the state Capitol, all the way down to our school boards and everything in between.” It passed the Assembly last week. 

Drake counters that Republican lawmakers are misleading Wisconsinites. 

Sen. Dora Drake | Photo courtesy Dora Drake for State Senate

“Legislative Republicans had the opportunity to expand economic and educational opportunities for all Wisconsinites. They’re the ones that have power, and yet they chose not to,” Drake said. “They are now trying to pin the reason why people are struggling on Black and brown people, women and other minority Wisconsinites for their failures by misleading people with what this ballot measure would do.”

Drake brought together Black leaders in Milwaukee including Mayor Cavalier Johnson and Milwaukee County Executive David Crowley, who is running for governor, to speak against the constitutional amendment proposal. 

Johnson said at the press conference that the city complies with state and federal law. 

“As mayor of a majority-minority city, I know firsthand that when every resident has the tools and every resident has the resources at their disposal to succeed, the entire community is strong,” he said. 

Drake has spoken about the risk of losing programs including the state’s Supplier Diversity Program, which was established in the 1980s and certifies minority-owned, service-disabled veteran-owned and woman-owned businesses to provide better opportunities for them to do business with the state of Wisconsin. She also says she thinks the proposal could have farther reaching consequences. For example, she said, she thinks the Holocaust education bill that lawmakers passed and Evers signed last session could be disallowed. That effort was approved in the same year that the state enacted legislation to require education on Hmong and Asian American history in schools.

“The reality is in the constitutional amendment resolution they’re putting forth, it applies for any type of public dollars, so… if our public schools and school boards put money towards that, in a way, you’re giving preferential treatment to teaching that specific history,” Drake said. “It’s so much more than just the programs… that Milwaukee county and the city have.”

“They’re saying that this constitutional amendment would prevent discrimination, but then it’s preventing the government from taking actions when discrimination actually happens, so essentially, you’re outlawing accountability when discrimination does occur,” Drake said. 

The Senate will vote on the proposal just days after Martin Luther King Day. Republican lawmakers have cited the civil rights leader’s teachings as justification for the amendment. 

“The principle of a colorblind equality and merit-based decision-making is again articulated by one of their greatest civil rights leaders, Dr. Martin Luther King Jr,” Sen. Steve Nass (R-Whitewater), the other lead author of the proposed amendment, said at a hearing in the Senate Licensing, Regulatory Reform, State and Federal Affairs Committee on Jan. 7. “Using immutable characteristics like race, sex, color, ethnicity, national origin and the like to discriminate against or grant any individual or group is wrong, no matter who it targets or what the reason, it creates distrust and injust division and represents resentments that divide people instead of uniting them. Past discrimination, however wrong, cannot be corrected with more discrimination.” 

Nass said the amendment would ensure people are hired, promoted, selected and admitted to school in the “same way we choose people for our Olympic team.” 

Drake said the lawmakers who are citing MLK misunderstand his legacy. 

“The reality is that he was someone that was a pioneer in his time and he wasn’t liked because he actually challenged and named the systematic structures that cause disparities throughout this country,” Drake said. “He actively called out his fellow white faith leaders on why they were silent in the face of injustice. He never advocated for a so-called colorblind society. What he was advocating for was that people have access to opportunity.”

GOAT report identifies recommendations to eliminate DEI

The goals of the amendment — and the broader desire to eliminate DEI — were on display during an informational hearing in the Assembly Government Operations, Accountability and Transparency (GOAT) committee on a recent report compiled by Rep. Shae Sortwell.

Rep. Shae Sortwell speaks to the GOAT committee about his report. (Photo by Baylor Spears/Wisconsin Examiner)

The Republican from Two Rivers used his authority on the GOAT committee, which was created to be the state’s version of the federal Department of Government Efficiency (DOGE), in February 2025 to begin investigating DEI practices in local government. He submitted open records requests to Wisconsin’s 72 counties, the 50 largest municipalities throughout the state and all school districts.

The resulting report released on Jan. 9 was more than 80 pages long. Sortwell also listed thousands of pages of records from counties and municipalities on his website

During a Jan. 15 hearing on the report, Sortwell told the GOAT committee that he wanted it to be a “fact-finding” mission. The Wisconsin Counties Association helped guide counties in responding to the requests.

“This is what we found so that you can draw your own conclusions as to what you think,” Sortwell said.

Four counties Buffalo, Richland, Sawyer and Waupaca didn’t have relevant records to share. 

Pierce County did not provide any records to the committee and was identified as uncooperative, according to the report. Sortwell noted during the hearing that Pierce is small and it is possible that is the reason they didn’t reply. 

The following municipalities reported that they had no records: Ashwaubenon, Brookfield, Caledonia, Fond du Lac, Fox Crossing, Germantown, Howard, Marshfield, Menasha, Menominee Falls, Mequon, Mount Pleasant, New Berlin, Oak Creek, Oconomowoc, Pleasant Prairie, West Bend and Wisconsin Rapids. Janesville and Sheboygan failed to provide records to the committee. 

Sortwell discussed spending that some counties, including Rock, Milwaukee and Waukesha, did on DEI training and a “disproportionality” conference hosted by the Department of Public Instruction (DPI) in 2024.

He also highlighted the report’s finding that the Manitowoc mayor attended 24 DEI-related trainings between 2021 and 2023 for a cost of $4,000.

“I’m trying to understand what he didn’t get in the first 23… Is he so racist and homophobic or something that you couldn’t manage to figure out not to treat people badly because they’re different from him in the first 23?” Sortwell said. “Where’s the controls here?”

The report listed a number of recommendations for potential bills lawmakers could pass including one to remove DEI language from state grants, to “prohibit all levels of government from contracting with vendors within a discriminatory DEI lens,” to remove the term “health equity” from all state laws and administrative codes, to prohibit policies and practices relating to equity, prohibit the hiring of DEI staff and use of DEI terminology throughout government, the use of funds for DEI trainings and the requirement that employees participate in such trainings and to prohibit DPI from requiring that school districts “adhere to discriminatory and race-based policies and practices, including spending local tax dollars to fund such.”

Sortwell said he thought the constitutional amendment would take care of some of the recommendations, but that other measures could be needed.

Chair of the committee Rep. Amanda Nedweski (R-Pleasant Prairie) said at the hearing that she thought the report “presents a lot of high-level evidence, probably just scratching the surface really, for why we need this constitutional amendment.”

Sortwell said the recommendations included in the report were based on his judgment.

Democratic lawmakers on the committee, however, spoke to the value of DEI work and questioned the framing and findings of the report.

Rep. Angelina Cruz (D-Racine) told the Wisconsin Examiner that the report includes “gross mischaracterizations” of DEI and “reflects a deep misunderstanding of what DEI is,” and said she would frame the report as more of a “witch hunt” than an investigation.

Cruz said she thought the process of compiling the report was not transparent. She noted that Sortwell’s work on the report was not discussed with Democratic members of the committee before he started and that lawmakers did not have much time to review the thousands of pages before the hearing. 

“If you want to talk about waste, fraud and abuse of taxpayer money, it is to waste public servants’ time and our taxpayer resources on generating the data that produce these conclusions that are not grounded in good research methodology,” Cruz said. 

Rep. Mike Bare (D-Verona), the ranking member of the committee, told Nedweski during the hearing that he found her comment troubling.

“I don’t want to make a partisan game here, but I think there’s one side who sees these as not valuable and one side that does see them as valuable,” Bare said. 

The report noted that local health departments have prioritized “health equity” — noting that the Wisconsin Department of Health Services (DHS) includes in its rules that local health departments work to help create it. The report called “health equity” a “phantom DEI term.” 

Republicans and Democrats then engaged in a back and forth about the meaning of the term health equity.

“I don’t think we should be treating people differently because they check some box… that’s equality and I support that, and equity says I want a certain outcome, so I’m going to rig the system,” Sortwell said. 

“I don’t think you have to rig the system — and I don’t think a lot of the things that you’ve pointed out are about rigging the system — services for moms or children support services,” Bare said. “We’re trying to allow for an outcome to be possible… You’ve got 50,000 pages. You didn’t do any analysis to tell us why this is bad. There is a lot more that goes into [the question] should we have health equity or not beyond ideology.”

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GOP lawmakers rediscover rules banning citizens from recording committee hearings

Wisconsin lawmakers, journalists and members of the public returned to the Capitol last week for a packed slate of committee hearings and executive sessions but for the first time in nearly 20 years, WisconsinEye was not broadcasting daily legislative proceedings. Wisconsin State Capitol on a snowy day. (Baylor Spears | Wisconsin Examiner)

After WisconsinEye, the state’s version of C-Span, went off the air in December, Republican lawmakers rediscovered rules that bar members of the public from making video and audio recordings of committee hearings and decided to start enforcing them.

Wisconsin lawmakers, journalists and members of the public returned to the Capitol last week for a packed slate of committee hearings and executive sessions but for the first time in nearly 20 years, WisconsinEye was not broadcasting daily legislative proceedings.

A notice passed around Assembly committees listed two rules. Assembly rule 11, related to committee procedures, states that “insofar as applicable, the rules of the Assembly apply to the procedures of standing committees and special committees.”

Assembly rule 26, which relates to members of the public observing from visitor galleries in the Assembly chambers, states that they “may not use any audio or video device to record, photograph, film, videotape, or in any way depict the proceedings on or about the Assembly floor.” 

Senate rule 11 also states that “no persons other than members of the chief clerk’s staff, members of the staff of the sergeant at arms, members of a senator’s staff, and accredited correspondents of the news media may engage in any audio or video recording of the proceedings of the Senate or any committee without permission of the committee on Senate organization.” According to the Senate Chief Clerk Cyrus Anderson, the rule was first adopted in 2005. 

Wisconsin’s open meetings law expressly states that governmental bodies “shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting,” but the law includes a provision that says that “no provision of this subchapter which conflicts with a rule of the senate or assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule.”

Rep. Jerry O’Connor (R-Fond Du Lac) told the Wisconsin Examiner that the rules were reviewed in caucus at the start of the year.

“Many of [the members], like me, I didn’t know there was a rule,” O’Connor said. “So it was a reminder.” 

Rep. David Steffen (R-Howard), who has served in the Assembly since 2015, said he couldn’t remember looking at the rule in the last decade. 

“How many times have I just kind of breezed past it? I guess I never really thought of it, primarily because I’ve always had WisconsinEye to rely on to assist with that coverage, as well as present media and in-person public,” Steffen said. 

Steffen said lawmakers, seeking to understand their options in the absences of WisconsinEye, looked over the Assembly rules.

“One of the things that immediately became apparent is that under our Assembly rules, we already have some things that are readily available — for example, credentialed media — but we also have things that have always been prohibited,” Steffen said. “It remains the rule of the day, so this isn’t a new rule… In terms of the enforcement, I think it’s more of an awareness campaign than anything.”

The rule enforcement caused some confusion throughout last week.

Notices related to the rules were passed around and posted outside committee rooms. Committee chairs issued directions at the start of meetings. Reporters in committees were asked to show their credentials as they set up cameras and stood to take photos, and others, including staff members and members of the public without credentials, were stopped from doing so.

Rep. Clinton Anderson (D-Beloit), seeking to help fill the gap left by the absence of WisconsinEye, livestreamed on Facebook the meeting of the Assembly Local Government Committee on Wednesday, writing that “we have to step up and do what we can.” Anderson said on Thursday that he sought to do the same in the Assembly Agriculture Committee but was stopped from doing so as Rep. Travis Tranel (R-Cuba City) reminded the room of the rules related to recording.

“We’re now hearing that this will become standard practice across committees. If that’s the direction Republican leadership is heading, it represents a clear move to restrict public access,” Anderson said in a statement. “After WisconsinEye went dark, the response should have been to expand transparency, not quietly close another door on the public. I am disappointed to see the Assembly GOP go after the public’s First Amendment rights.”

Testimony from two Republican lawmakers on a bill to exempt overtime from income taxes was interrupted during an Assembly Ways and Means committee meeting on Thursday afternoon by  a point of order relating to video recording.

“I don’t have a problem, video all you want,” said Rep. Mike Bare (D-Verona), the committee’s ranking member, to someone who was holding up a cellphone “You’ve got nothing to hide. These guys have nothing to hide, but if we’re going to have a rule…”

“I know that there was staff taking a photo, yes, and I gotta challenge that if you’re videoing… if you’re doing a video that you’re not allowed in the committee area,” O’Connor said. 

O’Connor told the Examiner after the meeting that he is fine with photos being taken in his committee and he believes committee chairs can use their discretion on whether to allow photos. He said video is different because of  its potential use for political purposes.

“If it’s staff taking photos of their rep, I don’t have a big problem of it,” O’Connor said. “You could have somebody, an outsider, come and testify, and their best friend is sitting in this seat and wants to take a picture, that’s not the issue.”

“Trying to capture video, quite frankly, it gets down to it can be used politically,” he added. “So WisconsinEye tapes this, you cannot use a WisconsinEye clip in political campaigns. That’s why the rules originated, and I get that… I don’t want either side to violate that or benefit from it adversely.”

Bare said he wanted to ensure that the rules were being applied evenly if they were going to be enforced. 

“We have a long, rich tradition in Wisconsin of open government, open access to government, and we shouldn’t have be limiting that access to members of the public to staff to members and to the media in any way,” Bare said, adding that the enforcement of the rules is “clearly a response to WisconsinEye being offline, being dark, which seems like a preventable problem.”

“There’s plenty of states in the country who provide funding for broadcasting… We shouldn’t be in the situation where we members or our staff have to livestream onto social media,” Bare said. “We’ve got decades now of precedent of these things being broadcast out to the public.”

WisconsinEye halted its coverage in December due to a lack of funding after failing to raise sufficient funds to meet a matching requirement for the release of $10 million in state funds.  WisconsinEye leadership has been in discussions with lawmakers about a potential solution, including releasing part of the  $10 million that is intended to build an endowment.

“We’re only going to be in session for maybe eight to 10 more weeks, and if we’re unable to get WisconsinEye back up and running in that timeframe, I’m hopeful the public isn’t going to be impacted any more than they already have been,” Steffen said. 

Bill Lueders, president of the Wisconsin Freedom of Information Council, told the Examiner that the enforcement of the rule is a bad idea.

“Regardless of the law, denying the public the ability to record and film legislative meetings, especially in the absence of a functioning WisconsinEye, is deeply undemocratic and, in my opinion, foolhardy. Nothing that goes on in these meetings is anywhere near as insidious as what people will assume is happening if the ability to film and record it is being curtailed,” Lueders said.

Lueders said the Wisconsin Freedom of Information Council (WFIC) doesn’t support anything that treats the media differently from ordinary citizens.

“Although they may legally be able to pass their own rule and enforce their own rule to deny people an opportunity, it doesn’t make it any less of a good idea,” Lueders said.  

Steffen said he would be open to having options for the public to record and photograph meetings as long as they are not obstructing the activity of a committee. “I think that this situation, this hopefully short-term downtime, has created an opportunity to discuss some of those rules that have been on the books for some time, and perhaps there’s some that need to be modified.”

In the meantime, Steffen said lawmakers are focused on finding a solution to make up for the loss of  WisconsinEye and options for the public are limited to attending in person and consuming coverage by journalists in the Capitol.

Steffen called on local reporters to “fill the gap” in a press release on Friday.

“All of them have the ability to record, maybe sometimes just audio, but they all have the ability to record a proceeding and put that on their website,” Steffen said. “That at least would provide some opportunity for transparency during this interim.”

Lueders said local media “absolutely does not have the resources to film as many legislative hearings and sessions as WisconsinEye was doing; it just doesn’t have that capacity. Cameras can come and show up for part of a hearing, but they’re not there filming entire meetings on a daily basis, and that’s not a function that can be replicated… It’s more important than ever that ordinary citizens who attend these meetings are able to film and record it.”

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