Mayor Satya Rhodes-Conway alongside other Wisconsinites at a city celebration for Transgender Day of Visibility. Photo by Baylor Spears/Wisconsin Examiner.

Wisconsin Democrats and city of Madison leaders recognized transgender visibility day in Wisconsin Monday, introducing legislation that would provide protections for people and raising the transgender pride flag. 

This year’s International Transgender Day of Visibility comes amid a political environment in which trans people have been targeted by new proposed federal and state restrictions. Wisconsin Republican lawmakers spent significant time in March on a slate of bills focused on transgender kids and would have limited their ability to play sports, access gender affirming medical care and change their names and pronouns in school. The bills are among more than 800 anti-trans bills that have been introduced nationwide this year.

Participants in the Madison celebrations said the point of the day was not to focus on the negative and harmful actions being taken, however, but to focus instead on the positive experiences of being transgender. 

Sen. Melissa Ratcliff (D-Cottage Grove), co-chair of the Transgender Parent and Nonbinary Advocacy Caucus, said during a press conference that the purpose of the day is to “elevate the voices of our trans and non-binary communities, emphasize the joy of living life as your authentic self and to visualize the world in which all our trans and non-binary children, co-workers, neighbors, parents and elected officials throughout Wisconsin and the world are loved, accepted and safe.”

Democrats holding the press conference proposed a handful of bills. One would extend Wisconsin’s nondiscrimination laws to include transgender and nonbinary people by prohibiting discrimination on the basis of gender identity or gender expression.

Another bill would create an exception to current law for those seeking a name change for gender identity reasons. Under the current state statute people seeking a name change petition must publish notice of their petition in a local newspaper, including in the area where the petition will be heard, once per week for three consecutive weeks before they may petition the court.

A third bill would declare March 31, 2025 as Transgender Day of Visibility in Wisconsin and recognizes the achievements of several transgender people and organizations who have made contributions to Wisconsin.

In addition to the bills, Gov. Tony Evers, who has committed to vetoing any anti-trans legislation that makes it to his desk, signed a proclamation declaring Monday Transgender Day of Visibility.

Rep. Christian Phelps (D-Eau Claire) said the bills are important because lawmakers need to send a positive message to young Wisconsinites who may be paying attention. He said that when he was young he remembers feeling discouraged as a gay teen when the state passed a constitutional amendment banning same-sex marriage. 

“Thirteen-year-olds across Wisconsin are listening to political actions and messages that are being sent out of the Capitol,” Phelps said, adding that children should know there are elected officials and allies and leaders who are fighting for transgender, non-binary and gender-expansive people of all ages across Wisconsin.

“That’s the message that we want people to take out of the Capitol and into their communities and to see [protections] passed in the state law as well,” Phelps said. 

When asked about plans to discuss the legislation with Republicans and the potential for garnering support across the aisle to pass any of the bills, the lawmakers sounded doubtful. Republicans hold majorities in the Assembly and Senate and support from them would be necessary for any of the Democratic legislation to be taken up.

“I don’t think they will sign on to this legislation. I certainly wish that they would take a look at it and hear our voices here today and see the love and support of so many community members,” Sen. Melissa Ratcliff (D-Cottage Grove) said. 

Clancy called it a “valid question” that Democrats get every time they hold a press conference. 

“Will Republicans sign on to this? And every time the answer is somewhat the same…,” Clancy said. “Republicans, two weeks ago, sat on the floor of the Assembly just feet from here for hours. They said that trans people should not exist, should not have basic rights. They have had the opportunity to weigh in on this, and I would welcome any of them moving across the aisle, breaking ranks from their, frankly, hateful leadership and joining in on these things.” 

The city of Madison also recognized Transgender Visibility Day by raising the transgender pride flag outside of the city municipal building.

Mayor Satya Rhodes Conway said the city was raising the flag to celebrate trans people, because the city respects individual rights and “rejects hate.” 

“The safety and the livelihoods of trans people are being threatened, and the issue of the fact of trans people is being used to divide our country in a hateful and really disappointing way, but here in Madison, we refuse to go backwards, and we refuse to let hate divide.” 

Asked about communicating the message of acceptance to those who disagree, Rhodes-Conway said that she thinks it’s important people recognize that diversity makes the Madison community stronger and invited people to “learn about the things that maybe make them nervous or scared and to be a part of the incredible diversity.” 

Rhodes-Conway also urged people to educate themselves.

“Folks can educate themselves and each other and a lot of the fear and resistance comes from lack of knowing, and so I just encourage people — there’s a lot of resources,” Rhodes-Conway said. “Please don’t ask the trans people in your lives to educate you. There’s a lot of resources out there and our libraries, our fantastic resources, and people can educate themselves about the history.”

Dina Nina Martinez-Rutherford, the first out transgender member of the Madison Common Council, said that transgender people are all “part of an unbroken legacy of resilience” and “authenticity.” 

Martinez-Rutherford said that she never expected to feel “so much love and community” when first elected in 2023 and never expected when she first started transitioning in 2007 to be in a position to advocate for people. 

“We raise the transgender flag today for it to be a symbol that Madison is welcoming and that you belong here,” Martinez-Rutherford said. “Let it be a beacon of hope, a reminder that we will not be erased.”

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The Wisconsin Assembly voted along party lines Tuesday to pass legislation penalizing counties with sheriff's departments that don't cooperate with ICE, the federal Immigration Customers and Enforcement agency. (Photo via ICE)

Legislation passed the Assembly Tuesday that would claw back state aid from counties where the sheriff doesn’t cooperate with the federal Immigration and Customs Enforcement service (ICE).

The legislation would require sheriffs to check the citizenship status of people being held in jail on felony charges and notify federal immigration enforcement officials if citizenship cannot be verified.

The state Senate, meanwhile, approved a bill that would block a judicial investigation of a police officer involved in the death of a person unless there’s new evidence or evidence that has not been previously addressed in court.

The immigration-related bill, AB 24, passed the Assembly on a straight party-line vote.

In addition to requiring citizenship checks, the bill would also require sheriffs to comply with detainers and administrative warrants received from the federal Department of Homeland Security for people in jail. Counties would be required to certify annually that they were following the law and would lose 15% of their shared revenue payments from the state if they were not.

Proponents described the measure as enhancing safety.

“We have the opportunity to emulate in many ways the best practices that are already happening across our country,” Assembly Speaker Robin Vos (R-Rochester), the bill’s author, said at a news conference before the floor session. “We have seen since [President] Donald Trump took office that we have had a dramatic reduction in the number of illegal crossings that are happening at the southern border.”

Opponents said the bill would divert local law enforcement resources while driving up mistrust and fear among immigrants, regardless of their legal status.

Rep. Ryan Clancy (D-Milwaukee) said the legislation was “big government” and interferes with local counties’ policy decisions. It also undermines the presumption of innocence for a person charged with a crime, potentially strains resources for local jails, and could lead to holding people “longer than is necessary,” he said.

But he added that those weren’t his top reasons for opposing the bill.

“I’m voting against this because it’s wrong, because this legislation rips people from our communities and families based on the mere accusation of a crime, because our Republicans colleagues’ eagerness to make themselves tools in Trump’s attacks on immigrants, refugees, visitors and those who oppose him is vile,” Clancy said.

On the floor, Vos replied that he agreed with Clancy about the presumption of innocence, and that he also agreed with other lawmakers who said the vast majority of immigrants are not guilty of any crime.

“But I would also say that there is a burden of proof on both sides,” Vos said. “It’s not entirely on just the side of the government to ensure that you follow the law.”

Claiming broad bipartisan support for the measure, Vos said Democratic opposition was “clearly out of step, even with your base.”

Rep. Christian Phelps (D-Eau Claire) responded that  he hasn’t heard constituents ask for the legislation or anything like it.

“They are asking us explicitly to make life tangibly easier for working class Wisconsinites,” he said, “and they have not been asking me to engage in redundant acts of political theater to satisfy the whims of a rogue president engaging in a campaign of intimidation and mass deportation that includes constituents in western Wisconsin.”

Senate approves John Doe exemption

The state Senate voted Tuesday to pass a bill that makes an exemption to the state’s John Doe law for police officers involved in a civilian’s death.

In Wisconsin, if a district attorney chooses not  to file criminal charges,  a judge may hold a hearing — known as a John Doe investigation — on the matter and file a complaint based on the findings of that hearing.

The legislation, SB 25, “simply says, if that case goes before a DA, and then the DA  justifies their actions and they are deemed to be innocent of any wrongdoing … that case is closed and it is in a file never to be seen again,” said the bill’s  author, Sen. Rob Hutton (R-Brookfield), on the Senate floor.

Hutton said the legislation allows a judicial investigation to proceed, however, “if a new piece of evidence is presented that wasn’t known before, or an unused piece of evidence is found.”

But Sen. Dora Drake (D-Milwaukee) questioned carving out an exemption to the state’s John Doe law. “This bill does not apply to any other crime in Wisconsin,” she said.

Lawmakers, Drake added, should do more to address “the environment and the situations” that have led to officer-involved deaths. 

Sen. LaTonya Johnson (D-Milwaukee), said testimony at the bill’s public hearing discussed only two attempts to invoke the John Doe proceeding after a prosecutor declined to file charges in an officer-involved death — and one of them involved former Wauwatosa police officer Joseph Mensah, who killed three people in five years.

Allowing for a John Doe investigation in an officer-involved death “protects the public,” Johnson said. “What it does is put a second eye on those cases that deserve a second look.”

The Senate passed the bill 19-13. Two Democrats, Sens. Kristin Dassler-Alfheim (D-Appleton) and Sarah Keyeski (D-Lodi), voted in favor along with 17 Republicans. Sen. Eric Wimberger (R-Oconto), who also opposed the bill in committee, joined the remaining Democrats who voted against the measure.

Reversing DPI testing standards: On a vote of 18-14 along party lines, the Senate concurred in an Assembly bill that would reverse a change that the Department of Public Instruction (DPI) made last year to testing standards.

AB 1 would revert the state’s testing standards to what they were in 2019 and link standards to the National Assessment of Educational Progress (NAEP).

Republicans voting for the bill said that the DPI change “lowered” standards — a claim DPI and Democrats rejected.

Direct primary care passes — but Democrats object: The Senate also voted 18-14 on party lines to pass SB 4, legislation that would clear the way for health care providers who participate in direct primary care arrangements. Under direct primary care, doctors treat patients who subscribe to their services for a monthly fee as an alternative to health insurance for primary care.

An amendment Democrats offered would have added a list of enumerated civil rights protections for direct primary care patients. That list was in a direct primary care bill in the 2023-24 legislative session that passed the Assembly but stalled in the Senate when two organizations protested language protecting “gender identity.”

After the amendment was rejected, also on a party-line vote, Democrats voted against the final bill.

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Rep. Brent Jacobson (R-Mosinee) said extended supervision, probation and parole are tools that give people a second chance with the expectation that they will not commit other crimes. Screenshot via WisEye.

The Wisconsin Assembly passed a slate of criminal justice related bills Thursday, including a requirement to revoke probation or parole for people charged with crimes and implementing financial penalties if Milwaukee Public Schools doesn’t return police officers to school buildings.  

Republican lawmakers said the bills were necessary to improve public safety in Wisconsin. 

“Wisconsinites in almost every part of our state have seen that there are areas of our state that have sincere and real concerns,” Assembly Speaker Robin Vos (R-Rochester) said during a press conference.

Assembly Minority Leader Greta Neubauer (D-Racine) said during floor debate that lawmakers should be crafting “smart” legislation to ensure people are safe across the state, but that the bills fall short of that goal. She said lawmakers should be focused on investing in safety.

“We can use evidence based, data driven practices to lower recidivism, to save taxpayer dollars and invest in rehabilitation and treatment to keep our communities safe,” Neubauer said. “Democrats are serious about safety, but the majority of bills in front of us today are not.”

Rep. Ryan Clancy said in a statement after the session that lawmakers spent the day on “considering badly written, badly conceived bills that will harm people and waste public resources” and said Republicans were refusing to acknowledge that mass incarceration and prison overcrowding are problems for the state. 

“It’s wildly irresponsible to even consider increasing penalties and interfering with the very few tools of leniency we have with a prison system holding 5,000 more people than intended,” Clancy said. “But here we are.”  

A couple of the bills would implement stricter requirements for dealing with criminal charges for people released from prison. 

AB 85 would require supervising corrections officials to recommend revoking extended supervision, parole or probation for formerly incarcerated people who are charged with a new crime after their release. It passed 53-43.

The Department of Corrections found in a fiscal estimate that the bill would result in approximately 6,280 additional revocation cases each year. It also found that there would be an increase in operations costs by $85 million in the first year of enactment and a permanent increased operations cost of about $245 million after the population is annualized in the second year.

Vos said that the bill should be simple. He said that people who are out on parole have been given the “privilege” of being released from prison. 

“Do you stand with the victim and the public or do you stand with the criminal who has reoffended and given up the privilege that he was briefly granted?” Vos rhetorically asked. “I think the price is worth it — $300 million to keep the people safe.” 

Jacobson said the bill is necessary to address the “revolving door” in the prison system and ensure criminals don’t have the opportunity to victimize people. He said that extended supervision, probation and parole are tools that give people a second chance with the expectation that they will not commit other crimes. 

“In far too many cases, a person released under state supervision continues the behavior that resulted in them going to prison in the first place,” Jacobson said. “It seems like common sense that someone who’s been convicted of a crime, is released under state supervision and returns to committing crimes, should have their release revoked. Far too often that is not the case.” 

Clancy said in his statement that Republicans were “openly misleading the public and their colleagues about the contents and impacts of those bills.” He noted that the bill would be “triggered when someone is merely charged with a crime” but not found guilty.

AB 66 would require prosecutors to get a court’s approval to dismiss certain criminal charges. It passed 53-44.

Rep. Alex Joers (D-Middleton) said the bill would “remove prosecutorial discretion” and impose limits on those trying to uphold the law. 

Jacobson, who authored the bill, argued it would support law enforcement and protect Wisconsinites from being victimized. He noted that Wisconsin law allows prosecutors to dismiss or amend charges or enter into deferred prosecution agreements. 

“In the Legislature, we can pass all the penalties we like. It won’t matter if the justice system won’t apply those penalties,” Jacobson said. The bill, he said, would add an additional layer of oversight and transparency by requiring prosecutors to get court approval to dismiss or amend charges in cases involving one of seven serious crimes. Those include sexual assault, crimes against a child, theft of an automobile, reckless driving resulting in great bodily harm and illegal possession of a firearm by a felon. 

“These crimes leave lasting impacts and it’s our job as officials to take these seriously,” Jacobson said. 

Lawmakers also passed a couple of bills that would increase penalties for certain crimes.

AB 61, which would increase penalties for injuring or killing an animal used by police or firefighters, passed in a voice vote. 

Specifically, the bill would increase injuring an animal to a Class H felony, which is punishable by a fine of up to $10,000 or imprisonment for up to six years. Killing an animal would be increased to a Class G felony, which is punishable by a fine of up to $25,000 or imprisonment for up to 10 years.

AB 86 passed in a voice vote. The bill would increase the penalty for child sex trafficking if the crime involved at least three victims who were children at the time the crime was committed from a Class C felony to a Class A felony. As a Class A felony, the crime could be punished with life imprisonment.

AB 89 would allow multiple acts of theft or retail theft committed by the same person to be prosecuted as a single crime, and the value of the thefts to be combined in determining the penalty. It passed 71-26, with 18 Democrats joining Republicans in support. 

School resource officers in MPS 

Lawmakers also passed AB 91, which would implement financial penalties for Milwaukee Public Schools (MPS) and the city of Milwaukee if either stop complying with a state law that requires police officers in schools.

Wisconsin Act 12, which passed in 2023, provided increased state funding for local governments and also implemented requirements that MPS place 25 officers in its schools by Jan. 1, 2024. The district was late to begin following the law, and a judge recently ordered the district and city to comply with the state law and instructed the district and the city to split the cost for the officers evenly. The Milwaukee Common Council and MPS Board both approved an agreement to make this happen earlier this month. 

The bill was introduced, its sponsors said, to ensure the district complies both now and in the future. 

An amendment to the bill changed the cost-sharing from 25% for the city of Milwaukee and 75% for the district to an even split between the two entities. 

If there is noncompliance, 10% of the city’s shared revenue payment will be withheld by the state and 25% of the school district’s state aid payments would be withheld. 

MPS has not had officers in schools since 2016, and the district ended its contract with the Milwaukee Police Department in 2020 in response to student and community opposition to the practice, a point that Rep. Darrin Madison (D-Milwaukee) pointed out during floor debate. 

Madison said that when he was a student at a school staffed with officers a friend of his had an encounter that left him in the hospital. 

“Two students were fighting. School safety officers came in and de-escalated the situation. As a friend of mine went to go check on his sister, who had been involved in the incident, I got to see school resource officers grab him, lift him in the air and body-slam him on the concrete of our lunchroom floor,” Madison said. “His shoulder was dislocated and his lip was busted, and he had to undergo surgery to navigate that situation. That wasn’t the only time that this happened in our school, where students were harmed by school resource officers.”

Madison said police officers in schools are a “failed approach.” 

“Thanks to Act 12, and thanks to this bill. We’ll continue to create harms for our students… Our schools shouldn’t look like prisons. They shouldn’t work like prisons, and we shouldn’t treat students like prisoners in a space of learning, creativity and exploration. This takes Milwaukee schools in a bad direction.”

Clancy pointed out that MPS is not the only school district without officers in schools. Some other districts are Madison Metropolitan School District, Sherwood, Nicolet, Glendale River Hills.

“This is an attack on Milwaukee, and this is an attack specifically on the Black, brown, and Indigenous young people,” Clancy said. 

Bill author Rep. Bob Donovan (R-Greenfield) said that the bill is needed because Milwaukee schools continue to call the police to deal with incidents. He cited a recent Milwaukee Journal Sentinel report that found MPS averaged 3,700 police calls each year over 11 years. 

“If MPS doesn’t want cops in their schools, why do they keep calling them?” Donovan said. 

“Some say that this legislation or the penalties are not necessary. What is the alternative? The state just allow open defiance of state law? It took an MPS parent to sue the district before any movement was made,” Donovan said. “This legislation ensures this never happens again… There must be consequences for breaking the law, and how can we expect MPS to teach our children respect for authority and the rule of law when they apparently have none themselves.” 

Other bills passed include

• AB 75 to require the state Department of Justice to collect and report a list of facts about each criminal case filed in Wisconsin. It passed 54-43. Rep. Russell Goodwin (D-Milwaukee) joined the Republicans in voting for the bill. 
• AB 87 to require a person convicted of child trafficking to pay restitution immediately, and would authorize the seizure of their assets in lieu of payment. It also would require that anyone convicted of a felony must pay all outstanding financial obligations from their conviction before their right to vote is restored. It passed 53-44.

• AB 74 to require public school boards, private school governing bodies and charter school operators to notify the parent or guardian of a student who is an alleged victim or target of a school employee’s sexual misconduct. It passed in a voice vote.
• AB 78 to allow municipalities to impound a reckless driver’s vehicle whether or not it belongs to the driver. It also requires police to determine if the vehicle has been reported stolen, and if it has been, to release it to the original owner at no cost. It passed in a voice vote.

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