House Bill 4, which would mandate that Kentucky’s public schools and universities close diversity, equity, and inclusion (DEI) offices and programs, is one step closer to becoming law in Kentucky. The measure has passed both chambers of the state legislature and now needs a last vote in the Senate before finding Gov. Andy Beshear’s desk.
Defining DEI initiatives as measures with “differential treatment” depending on race, sex, religion, or national origin, the bill would forbid colleges from funding them. It also forbids related hiring policies, training, and scholarships and calls for the closing of every DEI office.
Legislative Arguments and Opposition
After hearing from professors, students, and Democratic legislators alert of its possible consequences, the Senate Education Committee passed the legislation along party lines. Eliminating DEI initiatives, they said, would hurt underprivileged students and reverse years of advancement in higher education.
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During the hearing, Decker defended her measure, arguing that DEI initiatives amount to “social engineering” and are unconstitutional. She highlighted the 2023 Supreme Court verdict in Students for Fair Admissions v. Harvard, arguing the case shows all DEI measures may eventually be found illegal.
“If education is to be the great equalizer in our commonwealth, the opportunity to obtain a college degree in our state must be equal, equally available, and affordable to all,” Decker said to Louisville Public Media.
Democratic Sen. Gerald Neal of Louisville contested Decker’s claim, noting that no court has decided DEI projects to be unlawful. “There is no unconstitutionality that has been determined; the Harvard case does not establish that,” he said to WKU Public Radio.
Neal submitted a substitute amendment aimed at limiting unforeseen repercussions of the measure, such as maintaining university accreditations. However, the amendment was defeated in a voice vote.
Political and Legislative Landscape
The House passed HB 4 in a floor vote of 81-18, with Rep. Ashley Tackett Laferty (D-Martin) being the only Democrat to support the proposal. The bill’s passing reflects a broader countrywide push by Republican lawmakers to curb DEI activities in education and other industries.
During the House discussion, Rep. Joshua Watkins (D-Louisville) related a personal experience from his time as a University of Kentucky student in 2008, when an effigy of President Barack Obama was found hanging from a tree. “When I think about bias on our college campuses in Kentucky, I don’t need to go back to 1865. I can go back to 2008,” Watkins said to the Kentucky Lantern in an interview.
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Rep. George Brown Jr. (D-Lexington) invoked the words of Martin Luther King Jr., imploring lawmakers not to “turn back the clock” on civil rights advances. Meanwhile, Rep. Ryan Dotson (R-Winchester) highlighted King’s remarks in defense of the bill, claiming that hiring decisions should be based on merit rather than race or other variables.
Next Steps
HB 4 has received two of the three required readings on the Senate floor, setting up a potential final vote as early as tomorrow. If the Republican-led Senate passes the bill, it would proceed to Gov. Beshear, who has previously stated support for DEI programs. Should Beshear veto the law, the Republican supermajority in the legislature has the numbers to overrule it.
The bill’s ramifications would be wide-ranging, with all public universities forced to comply by June 30. Institutions would also face greater scrutiny, including required reports on how they are encouraging “viewpoint diversity” and maintaining “intellectual freedom.”
With the legislative session nearing its completion, Kentucky joins a rising number of states attempting to dismantle DEI programs in higher education. As students, educators, and lawmakers continue to debate the bill’s impact, the future of DEI efforts in the commonwealth hangs in the balance.
This article appears in Feb 28 – Mar 6, 2025.
