Mar 12, 2024 | News, Wisconsin Family Voice
Wisconsin Institute for Law and Liberty (WILL) has achieved a historic legal victory against the Biden Administration. U.S. District Judge Mark T. Pittman ruled the racially discriminatory federal laws creating the Minority Business Development Agency are unconstitutional. Specifically, the agency’s practice of assuming minority-owned businesses are inherently disadvantaged breaches the equal protection clause of the U.S. Constitution.
As WILL notes, this agency “was designed to help Americans of some races, but not other races.” Its “very design” “punishes” those of certain racial groups, said Pittman. The federal government is now prohibited from using the agency to discriminate against businesses based on race.
The court declared that the MBDA “can still operate its Business Centers, [but] it must simply do so without vetting applicants based on race.” This ruling is a serious blow to affirmative action initiatives and aligns with the Supreme Court’s decision last year that upended race-based admission policies at universities.
The Minority Business Development Agency was formed under the left’s new religion of “equity,” along with Critical Race Theory (CRT) and diversity, equity, and inclusion (DEI) programs. The left is intent on ensuring equality of outcome rather than the equality of opportunity that our country was built on. This dangerous ideology undermines the importance of merit and of treating every person as an individual with unique, God-given talents rather than a member of a group with certain immutable characteristics.
Racial equality is a worthy goal, but it can’t be a one-way street. All students at all levels of education, all business entrepreneurs, all employees, and all athletes need to be judged on their ability to meet the standard, do the work, accomplish the task, and fill the need, not based on their race. Federal agencies should never be permitted to cater to one race over another, as it only sows more division and perpetuates racism.
This ruling underscores a return to principles that value individual merit and the inherent dignity of every person. It reaffirms the importance of ensuring opportunities are based on one’s abilities and character rather than race and serves as a reminder that true justice and equality are achieved through upholding these timeless values. Thanks, WILL, for another victory for all Americans.
Feb 5, 2024 | News, Wisconsin Family Voice
As the political climate heats up in Wisconsin, recent developments in election integrity cases are setting the stage for an intense election cycle.
Most recently, a Dane County Circuit Court judge directed the Wisconsin Elections Commission to adopt regulations permitting local election authorities to count absentee ballots that include incomplete address information.
In a clear blow to election integrity, Dane County Judge Ryan Nilsestuen dismissed the Wisconsin Elections Commission’s suggestion that a complete address must include the street number, street name, and municipality name. He determined that a witness address on an absentee ballot envelope may exclude the municipality and ZIP code, or even use terms like “same” or “ditto” when the witness resides with the voter, provided that clerks can ascertain the witness’s residence. This would increase the number of valid votes in critical upcoming elections where slim vote margins could determine the outcomes. At the same time, Governor Evers has vetoed a slew of Republican-led election reform bills that aimed to secure our state’s elections.
Meanwhile, we also had a good election-related court decision recently. Last month, the Wisconsin Institute for Law & Liberty (WILL) won a lawsuit against the City Clerk of Racine and Wisconsin Elections Commission, securing election integrity in the process.
The Racine County Circuit Court ruled that the City’s use of a mobile voting van at particular sites around the City was illegal under state law. Specifically, the Court found that the mobile voting sites gave a partisan advantage to one political party over others and that state law did not allow the use of a van as an absentee voting site.
Other court cases that involve Wisconsin’s legislative maps could significantly impact upcoming elections. Last month, a leftist attorney filed a lawsuit seeking to overturn Wisconsin’s congressional maps to advance his political agenda.
Up to this point, our Assembly and Senate legislative maps have been the focus of controversy, with the State Supreme Court deciding the current legislative maps are unconstitutional and demanding that new maps be implemented for this fall’s elections.This lawsuit challenging the congressional maps adds yet another wrinkle.
WILL last week took steps to try to block this latest legal maneuver regarding the congressional maps. WILL is calling for Justice Janet Protasiewicz to recuse herself from any ruling that revisits the case that resulted in the current congressional maps because of explicit statements about the maps as she campaigned.
Lucas Vebber WILL Deputy Counsel, stated, “Wisconsin’s current congressional map was proposed by Governor Evers and adopted by the Wisconsin Supreme Court in 2022. Any attempt to revisit this ruling and once again alter Wisconsin’s Congressional districts is both procedurally improper and legally wrong.”
WILL notes that Wisconsin state law mandates that judges, including Supreme Court justices, must recuse themselves from cases in which impartiality might be compromised or if they have a substantial personal stake in the outcome. The law stipulates that any judge “shall disqualify” themselves whenever they “cannot, or it appears…they cannot, act in an impartial manner.”
Further, the Democratic Party of Wisconsin made a substantial contribution of nearly $10 million to the campaign of Justice Janet Protasiewicz. Throughout her campaign, she labeled Wisconsin’s district maps as “rigged” to benefit Republicans and specifically criticized the congressional maps, stating “we know something’s wrong.” Her repeated comments on the Johnson v. WEC case during the campaign underscore the argument for her recusal.
These court cases challenging maps need to stop; the fall elections loom. We the people have a right to know well in advance what districts we will be in, as do candidates who are preparing to run for office. For sure, part of the liberals’ plan is to keep people uncertain and confused as to what is legal and what is not. Keeping everyone questioning about what districts they live in for voting purposes is part of their plan.
The foundation of our republic relies on elections that are transparent, secure, and trustworthy. To preserve a government that truly reflects the will of the people, it’s crucial that we advocate for and demand the integrity of elections and the establishment of fair and transparent electoral laws.
Most importantly, we must show up and vote in the upcoming elections, regardless of how election integrity cases and legislative proposals in our state play out. The surest way for liberal progressives to take over is for conservatives to get so discouraged by the possibility of election fraud that they don’t vote. We cannot hand our state or our country over to the left without a fight.
Jan 2, 2024 | News, Wisconsin Family Voice
Recently, the Wisconsin Institute for Law and Liberty (WILL) and the Mountain States
Legal Foundation achieved a victory on behalf of Young America’s Foundation, a conservative student group, after the University of Wisconsin-La Crosse refused to grant the organization official student-organization status.
The school originally denied the group’s designation because the student organization refused to sign onto a “DEI” inclusivity statement, a document full of the university’s prescribed political and social policy stances that contradicted the organization’s values and violated their First Amendment rights. Several of these statements involved a pledge to promote the welfare of individuals who do not have the “documentation” required for legal residency in the United States and compelled student organizations to express their disapproval of enforcing the existing immigration laws in the country.
The university was also asking students to be “committed to… addressing issues of equity and justice,” through implementing race-conscious policies. The school backed down after the legal groups threatened further action.
Dan Lennington, WILL Deputy Counsel, stated, “This is a victory for free speech and equality. WILL stands ready to defend the Constitutional rights of every Wisconsinite. Period. We applaud the students at UW-La Crosse for standing up for themselves and setting a great example for others to follow. On the other hand, it’s time for academia to ditch the woke nonsense.”
It should go without saying that the purpose of student groups is not to peddle the university’s progressive agenda but to rally around the members’ own unique interests and beliefs. The university went so far as to attempt to force students to violate their beliefs. Thankfully, the First Amendment rights of this group have been restored.
UW-La Crosse has found itself in lots of hot water lately—from the firing of the chancellor for his involvement in porn to this unfortunate incident with Young America’s Foundation. These realities should be a wake-up call for the school, the Universities of Wisconsin Board of Regents, and for any parents thinking about this school for their college-bound teens.
Aug 29, 2023 | News, Wisconsin Family Voice
Last spring, the Town of Hayward used an obscure state law to hold its annual meeting without public notice. At the meeting, three resolutions were passed, including a $15 million building project and reorganization of the town board. This came despite the fact that during a 2019 advisory referendum, residents of Hayward expressed their disapproval of a comparable $5 million construction project.
More than 270 residents took initiative to organize and gather signatures with the aim of convening a “special town meeting” to reconsider the resolutions. Residents and town electors have provided three separate written requests, but to date, the town clerk has refused to call the meeting. Citizens also contacted Wisconsin Institute for Law and Liberty (WILL), which has now sent the town a letter demanding that they abide by Wisconsin law and hold a public town meeting so residents can weigh in on spending projects.
WILL’s client, Brenda Dettloff, said, “The Town of Hayward is denying citizens open, accountable, and transparent government. Before significant updates to town infrastructure and amenities are made, taxpayers deserve to have their voices heard. Because of that simple fact, hundreds of Hayward citizens, from across the political spectrum, are speaking out as one voice and demanding a true public meeting ‘of the People’ to properly vet the pending resolutions.”
WILL’s letter asks the town to fulfill its legal duty by either confirming that it will provide the public notice of a September 15 town meeting, as requested by the residents, or explain how the town believes their petition was insufficient. “If you refuse to do so by Monday, August 28, 2023, we will petition for a writ of mandamus in circuit court ordering you to do so,” wrote WILL.
This story beautifully demonstrates “the multiplied power of one.” When one person gets involved and reaches out to recruit even just a handful of others who in turn reach out to others, they end up making a huge difference, especially at the local level.
It’s been said that all that’s necessary for evil to triumph is for good men to do nothing. Alert citizens willing to get involved can make a tremendous difference. Holding elected officials accountable is essential and is part of being a good steward of this republic we are blessed to live in. We should each consider how we can use the “multiplied power of one” where we live to make our communities truly good for families!
May 3, 2023 | News
In early March, four 9th grade girls at East High School (EHS) in the Sun Prairie Area School District (SPASD) used the shower area in their locker room after their physical-education class. Because transgender ideology has permeated Wisconsin schools, the girls experienced a grave violation of their privacy. Thankfully, the Wisconsin Institute for Law & Liberty (WILL) is taking a stand for the victims and demanding answers.
As the girls began to shower in their swimsuits after swim class, an 18-year-old male student entered the shower area and told the girls he was “trans.” Then, the male student fully undressed, completely exposing himself to these freshmen girls.
Parents of the girls alerted the school district of the incident, but administrators failed to address the issue and provided a “completely inadequate” response, according to WILL. Under federal law, school administrators should have reported the incident to the Title IX coordinator right away. Then, the coordinator should have contacted the four girls and helped them file a complaint. However, no one contacted the girls or launched an investigation.
After several requests, the girls’ parents were finally able to meet with school administrators to discuss the incident over a month after it occurred. However, no one was able to provide answers to the parents’ questions. District staff simply referenced a “policy” that they claimed addresses this situation, but they did not identify, describe, or bring the policy to the meeting.
Several days later, the EHS principal sent a copy of a “Restroom and Locker Room Accessibility Guidance” policy to one of the parents, but according to WILL, there is no “indication that this policy has ever been in effect, was in effect on March 3, or was ever approved by the School Board.”
Further, the guidance document allows males to use the girls’ locker room regardless of the comfort of female students. The guidance only says that if a male requests to use the women’s locker room, then school administrators will evaluate and respond to the request on a “case-by-case basis.” However, “What if there is no such request? Is permission to use the girls’ locker room required? Who evaluates whether access will be permitted? The policy does not answer these questions,” noted WILL in a letter to the district.
WILL went on to ask administrators to implement policies that will immediately protect the privacy and safety of students, noting that the school violated Title IX.
“Under the Title IX regulations, sex discrimination encompasses sexual harassment, which includes unwelcome conduct on the basis of sex that is so severe that it effectively denies a person equal access to the education program. Here, four freshman girls taking a shower in their swimsuits in what is supposed to be a private and safe space, were exposed to the male genitals of a senior student against their will. Considering student development, high school being a relatively new environment for freshman girls, the power dynamics between not only a biological male and female but between a senior and a freshman, and student safety, the age difference of the students here is relevant,” reads the letter.
WILL is also demanding that the district offer supportive measures to victims of sexual harassment, provide victims an opportunity to file a complaint, conduct investigations of such cases, re-train district staff, hold accountable the staff that failed to uphold students’ rights, and adjust district policies and guidance documents to protect students.
“School districts need to think through what loosening boundaries for single-sex spaces could mean for girls. Parents are understandably concerned about whether school districts—like the Sun Prairie Area School District—are doing everything required to protect girls in bathrooms and locker rooms,” said Libby Sobic, WILL Director of Education Policy. This incident is what inevitably happens when policy is rooted in ideology rather than reality, common sense, and the right to personal, bodily privacy. No student should have to fear sexual harassment while using a bathroom or locker room at school.
Hopefully this case serves as yet another wake-up call for parents whose children are in a government school. If this happened in Sun Prairie (a “bedroom community” of Madison), it can happen in most any school in our state. From what we can tell, this young man was not dressed like a girl, he simply announced that he was “trans.” Students don’t have to do anything in most schools to “prove” they are “trans.” They just have to announce it. Parents, for the well-being of their children, need to know what the school’s policies are, how they are being enforced, and keep open and frequent communication with their children on this issue.
If WILL doesn’t get the right response from SPASD, we would assume they will sue the district, making this another poignant lesson for all Wisconsin schools. Special rights and protections for “trans” students cannot violate the fundamental rights of “non-trans” students, with girls being the most vulnerable in these situations.
Sep 27, 2022 | News, Wisconsin Family Voice
President Joe Biden’s Department of Education is attempting to radically re-define “sex” in Title IX to expand the law’s protections to “transgender” individuals. Thankfully, many voices are putting up a fight.
Under Title IX, schools cannot receive federal funding if they discriminate against any student on the basis of sex. According to a press release, the DOE wants to amend Title IX of the 1972 Education Amendments so that “sex” includes “sexual orientation” and “gender identity.”
As a result, any space, program, building, bathroom, locker room, or sports team that is separated by sex would be forced to accommodate biological men who believe they are, or “identify” as, women. Schools that rightfully refuse to allow biological males into women’s bathrooms could lose their federal funding.
However, there is hope. The proposed changes have not yet taken effect, and parents, the attorneys general of several states, and organizations like Wisconsin Institute for Law and Liberty (WILL) are working to ensure that they never do.
The DOE received over 184,000 public comments from parents concerned about their children’s safety and the erasure of women. This is a record number of parents and other concerned citizens taking a stand for the rights of their families. It shows that parents are paying attention and are willing to take action to protect their children, which is excellent news ahead of a crucial election.
Similarly, WILL submitted a comment to the Department of Education detailing three significant concerns about the proposed changes.
“First, the reinterpretation of the definition of sex within Title IX is an illegal action by an executive agency because the proposed regulations are antithetical to the intent of the law – namely, to protect and support women and girls. Second, the proposed regulations will have a chilling effect on speech, including speech motivated by sincere religious beliefs, and academic freedom. Third, the proposed regulations undermine parental rights. WILL has requested that the Department respond to each of these concerns and reject the proposed rules,” reads WILL’s comment.
Wisconsin Family Action president Julaine Appling also submitted a comment on behalf of the organization. Our comments were along the same line as WILL’s.
WILL also has model policies available to school districts, including a model policy on student pronouns that the Education Department should take a note from. “Parents have the right to determine the names and pronouns that staff use to refer to their children while at school. Staff shall not refer to or address minor students by a different name or pronouns that differ from their biological sex, during school hours, without written authorization from a parent,” begins the model policy on student pronouns.
Another model policy establishes parents’ right to review instructional materials and related documents: “Parents shall have the right to access, upon request, the instructional materials used in the education of their children. In this policy, “instructional materials” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats.”
We need leaders on school boards and legislators who will enact policies like these to protect children and parents’ rights—not undermine them. We have an opportunity to do just that this fall; let’s not waste it!
In the meantime, please pray that the efforts to block the DOE’s radical proposal are effective. Women’s rights, parental rights, free speech, religious liberty, and academic freedom are on the line; but we should remain hopeful because of the many voices that are fighting back and offering a better way forward.
