Public universities in Kentucky may not be able to continue some diversity, equity, and inclusion policies as lawmakers consider targeted bans on the controversial ideology.
Universities in the Bluegrass State are responding to a measure filed last week in the state legislature that would block the use of DEI in “non-credit classes, seminars, workshops, trainings and orientations.”
The bill, sponsored by Republican state Sen. Mike Wilson, would block the university from teaching “divisive concepts” like “race and sex scapegoating” or instructing students that “Americans are not created equal.”
“We’ve seen a trend in DEI policies in our public universities that attempt to divide instead of unite people in that microcosm of society,” Wilson, the state Senate majority whip, said in a press release. “Instead of promoting intellectual dialogue, individualism, the content of one’s character and merit-based practices, DEI has driven a wedge against those of us who want to see Kentucky achieve greater things.”
The bill would not ban DEI offices or initiatives directly, as measures in Texas and Florida have done, but rather would require any of those initiatives to place a premium on “intellectual diversity” among students and faculty. It would also allow students and faculty to sue universities for “divisive concepts.”
Some “divisive concepts” the measure would ban include the idea that a person’s race or sex is “inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously”; that Kentucky or America is “fundamentally or irredeemably racist or sexist”; that promoting merit is inherently racist or sexist or that it is used to oppress certain groups of people; and that one’s race or sex makes them responsible for actions taken by past members of that race or sex.
However, since the bill targets training and curriculums but not necessarily programs created by DEI offices, a First Amendment provision included in the bill could create confusion as to what the bill can actually accomplish.
“Nothing in this bill shall be interpreted to Infringe on the rights of freedom of speech protected by the First Amendment to the United States Constitution … [or] the rights of academic freedom of faculty,” the bill stated.
The bill is similar to a measure Gov. Bill Lee (R-TN) in neighboring Tennessee signed into law in 2022, which was later modified to include input from universities last year. After advice from universities in the Volunteer State, the reality on the ground was that schools were not much more restricted in their abilities to push DEI ideas.
Schools in Kentucky are already responding to the bill that was proposed last week, with some schools saying they would comply with the law’s ban on the use of diversity statements for hiring and admissions while stating their support for “inclusivity.”
“We do not require that any employee or student sign any DEI document upon hiring or admission,” Northern Kentucky University public relations director Corey Best told the Lexington Herald-Leader.
“We are an institution committed committed to fostering an inclusive environment where a wide variety of thoughts and opinions are encouraged and supported,” Best added. “We will approach any legislative changes with our mission in mind, ensuring our students, faculty and staff know we value all viewpoints and perspectives.”
Spokespersons for multiple other universities stated similar support for “inclusivity” and “belonging.”
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Even in states like Texas, where the ban on DEI initiatives is more concrete, schools are finding ways to circumvent the DEI bans by simply rebranding the initiatives under different titles and housing them in different departments, as the Washington Examiner reported.
Proposals to take similar actions against campus DEI have been filed across the country, but only four states — Florida, South Carolina, South Dakota, and Texas — have enacted them.
