Senate Bill 445 would require Wisconsin agencies to consider IHRA definition of antisemitism

Senate Bill 445, introduced Sept. 29, 2025, would require state agencies, local governmental units and their employees to consider the International Holocaust Remembrance Alliance definition of antisemitism when evaluating evidence of discriminatory intent for laws, ordinances, policies or criminal penalty enhancers based on race, religion, color or national origin. The bill was referred to the Senate Committee on Judiciary and Public Safety upon introduction.

The bill text creates a new statutory section, 20.932, that defines terms including “local governmental unit,” “political subdivision” and “state agency,” and directs those bodies and officials to consider the IHRA definition adopted May 26, 2016, including its examples, when assessing discriminatory intent. The Legislative Reference Bureau summary included with the bill describes that requirement and notes the directive applies when statutes, ordinances or policies prohibit discrimination on protected grounds or provide enhanced penalties for crimes selected because of a victim’s actual or perceived protected characteristic.

Senate Bill 445 also includes a clause stating that nothing in the section may be construed to diminish or infringe upon rights protected under the First Amendment to the U.S. Constitution or to conflict with federal or state antidiscrimination laws. The bill text does not set penalties, implement specific enforcement procedures, nor specify how agencies should weigh the IHRA definition relative to other legal standards.

The measure lists Senators Hutton, Cabral-Guevara, Hesselbein, James, Pfaff, Testin, Wall, Wanggaard and Wirch as introducers and names Representatives Tusler, Dallman, Dittrich, Donovan, Emerson, Gundrum, Knodl, Kreibich, Murphy, O'Connor, Ortiz-Velez, Sinicki, Subeck and Wichgers as cosponsors in the Assembly. The document notes referral to the Committee on Judiciary and Public Safety but does not record any committee action or vote in the provided text.

Supporters of measures tying legal analysis to the IHRA definition argue that a commonly used definition helps decision-makers identify instances of antisemitism; opponents in other jurisdictions have argued that the IHRA examples can raise free-speech concerns in some contexts. The text of this bill states explicitly that it should not be read to infringe First Amendment protections or to conflict with existing antidiscrimination law, but it does not offer implementing guidance for agencies on applying the definition in practice.

The bill text and Legislative Reference Bureau analysis are part of the public bill record for the 2025-26 legislative session. The bill number is Senate Bill 445; the newly created statute would be codified as 20.932 if enacted. The IHRA definition referenced in the bill was adopted by the International Holocaust Remembrance Alliance on May 26, 2016.