Over the past few years, many states have moved to ban or regulate Diversity, Equity, and Inclusion (DEI) initiatives in higher education. These measures follow widespread opposition to race-based admissions and similar practices, with 62% of Americans opposing such policies even before the Supreme Court struck down affirmative action.
At least 12 states, including one led by a Democratic governor, have introduced laws restricting DEI programs at public colleges and universities.
Key Actions in 2024
Seven States Take Action: Alabama, Idaho, Iowa, Indiana, Kansas, Utah, and Wyoming enacted measures to defund or restrict DEI initiatives at their universities.
Kansas: Democratic Governor Laura Kelly allowed a law to pass that fines public universities $10,000 for using DEI policies in hiring or admissions. Kelly commented, “While I have concerns about this legislation, I don’t believe that the conduct targeted… occurs in our universities.”
Utah: Republican Governor Spencer Cox signed a bill banning DEI programs and training at universities. The law defines “discriminatory” practices to include asserting that “meritocracy is inherently racist or sexist.”
Alabama: The state’s new law bans DEI offices at public universities, K-12 schools, and state agencies. The law prohibits promoting “divisive concepts,” such as inherent racism or sexism, and requires public university restrooms to align with biological sex. The University of Alabama responded by closing its DEI offices.
Notable Legislation in Other States
Indiana: Banned universities from requiring DEI statements and tied tenure to promoting “free expression and intellectual diversity.”
Iowa: Prohibited DEI offices at its state universities and banned DEI statement requirements.
Wyoming: Defunded the University of Wyoming’s DEI office, cutting $1.73 million.
Pre-2024 Actions
Several states had already enacted anti-DEI laws before last year:
Florida: Passed multiple laws banning political loyalty tests, prohibiting DEI funding at public universities, and preventing preferential treatment based on race or ideology.
Idaho: Banned race and gender policies at public universities and cut $2.5 million from social justice programs.
North Dakota: Prohibited mandatory DEI training and DEI statements, ensuring students and employees cannot be compelled to agree with concepts like “race or sex scapegoating.”
Texas: Required public universities to confirm they do not use DEI statements or have DEI offices to receive state funding.
Tennessee: Barred penalties for disagreeing with “divisive concepts” and prohibited mandatory implicit bias training.
North Carolina: Outlawed requiring employees, including those at public universities, to provide opinions on “matters of contemporary political debate.”
Mixed Reactions
In North Carolina, Governor Roy Cooper vetoed an anti-DEI bill, arguing it eliminated valuable training addressing unconscious bias. However, the legislature overrode his veto.
Ongoing Efforts
Other states have proposed similar legislation but have yet to achieve success in restricting DEI programs.
