On party lines, Kentucky Senate OKs bill to curb diversity, equity, inclusion in higher education

FRANKFORT — Kentucky Senate Republicans passed a bill aimed at curbing diversity, equity and inclusion initiatives in public universities and colleges Tuesday. 

Senate Bill 6 was sent to the House on a party line vote with 26 Republicans voting in favor and seven Democrats voting against it. 

The sponsor, Senate Republican Whip Mike Wilson, of Bowling Green, said his intention with the bill is to protect “diversity of thought” in higher education. He said he sees a trend of excluding conservatives from employment or promotion as scholars if they do not conform to “liberal ideologies.” 

“I want to make sure the academic status of our underrepresented minorities is taking place,” Wilson said. 

He added the bill specifically says it cannot be interpreted to prohibit universities from supporting diversity initiatives — as long as 16 defined “discriminatory concepts” are not taught. According to the bill, such concepts include that “an individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously” and “one race or sex is inherently superior or inferior to another race or sex.” 

Several Democrats spoke against the resolution, arguing the bill could have unintended consequences or roll back progress made in Kentucky for minority groups.

“My position is that we should not and never in Kentucky move to a colorblind society, but instead we should embrace all peoples of different colors, different origins, different languages, different sexes, whatever,” said Democratic Caucus Chair Sen. Reggie Thomas, of Lexington. “That is the richness of our diversity, in our differences. That’s what makes us strong.” 

Sen. Gerald Neal, the Democratic floor leader from Louisville, said the bill “was about race” and could be used by some with ill intent. 

“I am a human being, and so are you, no more, no less,” Neal said. “I respect you. Don’t disrespect me.” 

On the other side, Republicans repeatedly said the bill was needed to reduce division on college campuses. 

Sen. Donald Douglas, R-Nicholasville, said “we cannot correct the past by discriminating against those of the present or future” and said the bill was “meant to stop discrimination.” Douglas, who said he was the first Black president of his medical school class, spoke about discrimination he faced in medical school before urging his fellow senators to vote for the bill to “remove this burden from the backs of those of us who worked our butts off and accomplished this.” 

“There are those who will need remediation, but there are some who’ll accomplish it on their own,” he said. 

Sen. Lindsey Tichenor, R-Smithfield, said DEI initiatives stoke division, leading to “separating people by those very things” they are meant to support. She referred to an email she received from a University of Kentucky student who wanted her to vote against the bill and said he had “benefited from privilege due to my race and gender.” 

“Gee, I wonder where he got that idea,” she added. “That because of his skin color, there’s something wrong with him. Because of the sex he was born, he should feel bad about himself.”

Ahead of the Senate vote Tuesday, the Foundation for a Healthy Kentucky released a recent poll that found 71% of Kentucky voters believe businesses and institutions should be allowed to make decisions regarding their DEI education and training programs without government interference. Conducted by Mason-Dixon Polling & Strategy, the poll surveyed 625 voters via phone calls. 

Across the country, conservatives have targeted DEI because they claim such frameworks favor some demographic groups, usually minority groups, over others. Since 2021, 21 states have considered legislation limiting DEI in higher education and nine have enacted laws, according to an Axios report last month. 

What’s in the bill

Wilson’s bill was changed significantly in the Senate Education Committee last week. The original legislation would have allowed employees and students to sue public universities and colleges on grounds they were discriminated against for rejecting “divisive concepts,” but that has been removed. 

Now the updated version includes that the Kentucky attorney general would have the authority to bring civil legal actions against universities that do not comply with the law. Also, universities and colleges also would be required to publish course descriptions, syllabi, assigned or recommended textbooks online. 

Another revision added that new student orientation programs offered by public universities and colleges must include the text of the First Amendment of the U.S. Constitution, have discussion and resources on “the principles and importance of free speech and viewpoint diversity,” written and verbal notice of the attorney general’s power to bring civil action against universities that do not comply with the legislation, and more. 

Neal filed a floor amendment that would have made changes such as removing the attorney general’s authority to enforce the bill. However, the amendment was defeated in a voice vote Tuesday. 

More speakers opposed the bill in the committee than spoke in favor of it. Kiara Gray, education policy and advocacy strategist for the Louisville Urban League, said Wilson’s legislation “opens the door to the unregulated flow of narrow-minded ideologies that seek to marginalize, rather than to include in silence, rather than discuss.” 

For support, Wilson was joined by a University of Louisville professor and University of Kentucky student. Rebekah Keith, the UK student, told the committee she feels like a minority student on campus as a conservative. 

The House also has its own Republican-backed bill aimed at curbing DEI in higher education. Rep. Jennifer Decker, of Waddy, has filed House Bill 9, which would bar universities and colleges from expending “any resources” to support DEI programs or DEI officers.