FRANKFORT, Ky. — Republican senators in Kentucky are now taking aim at what they call "divisive concepts" endorsed at colleges, including diversity, equity, and inclusion (DEI) policies.
DEI is defined as a model for fair treatment in workplaces and schools, but top GOP state senators are pushing back against the effort, claiming those same programs discriminate against certain people in the college hiring and admission processes.
Senate Majority Whip Mike Wilson, R-Bowling Green, is the primary sponsor of Senate Bill 6, which states students and faculty at public universities and colleges cannot be penalized for refusing to support DEI measures deemed "divisive."
The school will also not be able to ask an applicant about their specific ideologies or require training surrounding a "divisive topic," which are any concepts seen as divisive when it comes to race or sex.
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"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 said in a press release. He did not mention a specific instance in the release itself.
Wilson continued, saying, "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.”
Although SB 6 wouldn't outlaw DEI measures by name, it would open up an avenue for students and faculty to file lawsuits against universities or their staff for individual programs deemed to be divisive. If successful, the payout from each of those lawsuits could range from $1,000 to $100,000.
Nikki Lanier runs the racial equity advisory firm called Harper Slade in Louisville. She's worried the bill, if passed, could set a precedent to move away from DEI, calling it an "extraordinarily self-sabotaging" effort.
"I just worry that it will ignite a broader sentiment around the already declining support for DEI," Lanier said. "They are necessary doctrines for us to learn in order to maintain the competitive edge."
Lanier is also worried about the ripple effects that could follow the bill, especially on the heels of the U.S. Supreme Court striking down affirmative action programs in college admissions.
"It's a very dangerous presumption that we're making in assuming that the demise of DEI is somehow serving to the benefit of the American populous," she said.
Last week, Republican Kentucky Senate President Robert Stivers was asked about these efforts.
"A couple of things that we want to make sure of is that we do things that don't hurt us in one way or another," he said. "And we want to be measured in what we do. How that will eventually look is still up for debate."
SB 6 would also require schools to survey students and staff to assess "campus climate" as it relates to diversity and publish those survey results.
The bill has already been assigned to the Senate Education Committee, where it's expected to be discussed at length.
Meanwhile, a spokesperson for UK said in a statement, “We will take the appropriate time to review [the proposed legislation] and, as with any legislation impacting higher education, will engage in discussions with legislators, policymakers and our campus. We are a campus steadfastly committed to ensuring that we are a place of belonging for everyone as well as a community dedicated to the fundamental academic value and principle of open inquiry and the free exchange of ideas. Those ideas are not only compatible, but essential, to who we are and what we do as Kentucky’s university.”
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