Wisconsin Assembly Bill AJR140

Wisconsin 2023-2024 Regular Session

• Introduced: 3/6/24
• Refer: 3/6/24
• Failed: 4/15/24

Caption

Equality of rights on the basis of sex, gender identity, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age, ancestry, or any other immutable characteristic and creating a private cause of action for violations of those rights by state actors (first consideration).

Note

As with any proposed constitutional amendment, AJR140 requires passage by two consecutive legislatures and a public referendum to become law, illustrating the importance of public opinion and legislative agreement in the enactment of significant changes to state governance.

Impact

The incorporation of AJR140 into the state constitution would fundamentally alter existing legal principles by enhancing the protection of individual rights against discrimination. It would create a private right of action, allowing individuals who believe their rights have been violated under this amendment to sue the state or local government entities in a court of law. This provision is poised to empower citizens and provide a mechanism for accountability against state actions deemed discriminatory, fostering an environment of greater fairness and justice in state practices.

Summary

AJR140 is a proposed constitutional amendment introduced to ensure equality of rights under the law, prohibiting discrimination based on sex, gender identity, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age, ancestry, or any other immutable characteristic. The amendment mandates that both the state and its political subdivisions must protect and secure these rights, thereby strengthening the legal framework surrounding civil rights in the state. This legislation signifies a significant progression toward comprehensive inclusivity and nondiscrimination in state law.

Contention

Despite its progressive intent, AJR140 may encounter opposition from various sectors, particularly among those who view such changes as an overreach by the state into personal or institutional practices. Critics may argue that this amendment could create legal complexities or challenges in areas such as education, workplace policies, and religious freedoms. Debates around the implications of enforcing broad non-discrimination standards could be contentious, as differing interpretations of rights and freedoms come into play.