A conservative quest to limit diversity, equity and inclusion initiatives is gaining momentum in state capitols and university boards of governors, with officials in about a third of states now taking action against them in some way .
Tennessee became the latest when its Republican governor this week signed legislation that would ban banks and other financial institutions from considering a customer’s participation — or lack thereof — in “diversity, equity and inclusion training” or “social justice programming” .
That came shortly after the Democratic governor in Kansas allowed legislation to become law without her signature banning statements about diversity, equity or inclusion from being used in decisions about student admissions, financial aid or employment at institutions of higher education.
Last week, the Republican-led Iowa Legislature also gave final approval to a budget bill that would ban all DEI offices and initiatives in higher education that are not necessary to comply with accreditation or federal law. The measure expands on a directive last year from the Iowa Board of Regents to eliminate DEI staff positions.
Republican lawmakers in about two dozen states have introduced bills this year to restrict DEI initiatives. They are opposed by Democrats who have sponsored supportive DEI measures in about two dozen states. In total, lawmakers have introduced about 150 bills this year that would limit or advance DEI efforts, according to an Associated Press analysis using the legislative software Plural.
What is at stake?
Higher education institutions and many companies have long devoted resources to improving diversity and inclusion.
More recently, conservative groups have begun to raise concerns that DEI initiatives promote an agenda that puts racial or gender identity above individual merit. Since 2022, about a half-dozen conservative or libertarian organizations have offered model measures to state lawmakers to eliminate DEI offices or ban the use of DEI criteria in training programs or employment, academic and financial decisions.
Christopher Rufo, a senior fellow at the Manhattan Institute and architect of the movement, said in a recent article that the ultimate goal is to “abolish DEI in all American institutions.”
The acronym DEI “has now been weaponized,” says Paulette Granberry Russell, president of the National Association of Diversity Officers in Higher Education. “And it unfortunately takes us back to a time when we failed to recognize the inequality that continues today based on discriminatory practices.”
The University of Southern California’s Race and Equity Center has launched a “National DEI Defense Fund.” It offers free professional development courses, among other things, with government-funded DEI training prohibited.
ANTI-DEI LAWS
Republican-led Florida and Texas last year became the first states to pass broad laws banning DEI efforts in higher education. Universities in Texas have since cut more than 100 DEI-related jobs, and universities in Florida have also lost jobs.
Earlier this year, Republican governors in Alabama and Utah signed laws restricting diversity, equity and inclusion efforts not only in higher education, but also in K-12 schools and across state government.
GOP governors in Idaho and Wyoming also signed legislation this year restricting the use of state funds for DEI efforts at higher education institutions. Other bills signed into law in Idaho and GOP-led Indiana would ban the use of DEI statements in employment and admissions decisions at public colleges and universities.
A similar bill banning mandatory DEI statements in higher education was passed by Wisconsin’s Republican-led legislature but was vetoed by the Democratic governor.
UNIVERSITY POLICIES
Faced with political pressure, some universities have overhauled their diversity, equity and inclusion practices.
University of Wisconsin regents agreed in December to shift at least 43 diversity positions to focus on “student success” and eliminate statements supporting diversity on student applications. The actions were part of a deal with lawmakers to free up funding for wage increases and campus construction projects.
Large public university systems in Arizona, Georgia, Missouri and North Carolina are among those that have eliminated the use of diversity statements in employment decisions.
Oklahoma’s Republican Governor Kevin Stitt signed an executive order in December banning state agencies and universities from supporting DEI programs that “provide preferential treatment on the basis of an individual’s specific race, color, sex, ethnicity or national origin.”
The University of Oklahoma said the DEI office closed April 1 and remaining employees will be reassigned to new positions.
SUPPORT FROM DEI
Some Democratic-led states have moved forward with legislation to expand their emphasis on diversity, equity and inclusion in government and education.
Washington’s Democratic governor signed a law this year requiring diversity, equity and inclusion concepts to be included in updated state learning standards for public K-12 schools.
Legislation given final approval this month by the Democratic-led Maryland General Assembly would require the state’s pension system to hire a director of diversity, equity and inclusion.
Several budget proposals would also allocate money to specific state DEI efforts. As an example, Oregon’s Democratic governor last week signed legislation providing $50,000 to the Columbia River Gorge Commission for a diversity, equity and inclusion initiative.
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Associated Press writer Sean Murphy contributed from Oklahoma City.
