Kentucky lawmakers advance stricter version of anti-DEI bill. Here's what it would ban

FRANKFORT — Savannah Fernandez Searcy, a senior at the University of Louisville, said part of the reason why she studied abroad is because of a scholarship specifically for the Latino population.

She's worried those scholarships could now be in jeopardy as Kentucky lawmakers push a bill that would limit diversity, equity and inclusion initiatives at colleges and universities.

Senate Bill 6, also known one of the "anti-DEI" bills in this year's session, passed out of the House Education Committee Thursday afternoon after over an hour of testimony.

The bill almost unrecognizable from the Senate version of the bill, though, after a House committee substitute.

The Senate’s version of the bill prohibits colleges and universities from requiring students and faculty to "describe the attitude or actions in support of or in opposition to specific ideologies or beliefs" to receive admission, employment, promotions or graduation.

But the House's committee substitute is a condensed version of House Bill 9, which comes down harder on DEI polices.

The committee substitute, which has not yet been posted online, bans race-based scholarships and defunds DEI offices and officer positions. It also prohibits the Kentucky Council on Postsecondary education from approving degrees that require courses containing "discriminatory concepts."

The bill could be heard by the full House of Representatives as early as Friday.

As of Thursday morning, Rep. Kevin Jackson, R-Bowling Green, said SB 6 sponsor Sen. Mike Wilson didn't know the changes that had been made to his bill.

Supporters of the bill said it is supposed to promote critical thinking and constructive dialogue and promote intellectual and viewpoint diversity.

Rep. Jennifer Decker, R-Waddy, said that the bill is supposed to hold colleges and universities accountable.

"It would ensure the post-secondary system in Kentucky is held accountable to dismantle systems in Kentucky that have misguided DEI bureaucracies that have cost Kentucky taxpayers an unknown amount, but at least tens, if not hundreds of millions of dollars, over the past 13 years — a time period in which our campuses have also experienced a dramatic drop in overall enrollment in students," Decker said.

Gavin Cooper, a community and leadership development student at the University of Kentucky, said he supported the bill because he believes it will protect academic freedom.

"I've been lucky enough to have professors that truly push the bounds of debate in our classrooms, but I know from students and professors with which I've talked that is not the case across campus" Cooper said. "No one on campus should feel fear that they will be punished for their thoughts in the classroom."

Kentucky is following a part of a larger trend of conservative states striking down DEI policies at colleges and universities. More recently, Florida banned its colleges and universities from using state and federal funds for the programs.

In an opinion issued on Thursday, the Kentucky Attorney General said public universities that have certain DEI policies violate the U.S. Constitution and the Civil Rights Act.

Attorney General Russell Coleman said in the opinion that it's unconstitutional to use underrepresented minorities as a metric for funding college.

The legislation lacks support, though, from some Kentucky colleges and universities.

University of Kentucky’s president took a rare step and spoke out against the bills that curb DEI inclusion efforts on campus. Meanwhile, the University of Louisville released a statement in support of DEI programs. Both institutions have a dedicated office for DEI initiatives and program offerings.

Fernandez Searcy said supporters of the bill misunderstand DEI.

"It's both upsetting and also infuriating to me personally, because I think DEI, especially in Kentucky, has become synonymous with discriminatory, and this idea of whatever people think reverse racism may be," Fernandez Searcy said. "But, in actuality, it's about lifting up these underrepresented groups, empowering them and making sure that they have access to the same opportunities that the entire student body has."

During the education committee hearing, other critics of the bill said it will bring unintended consequences for minority students.

Travis Powell, vice president and general counsel for the Council of Postsecondary Education, said the council opposes the bill because it could potentially hurt recruitment and support of underrepresented students at colleges and universities.

"We simply can't afford to leave anybody behind at any of our campuses, and we'll do everything we can in order to help them be successful," Powell said. "We fear that this legislation may limit that in some form or fashion, even if those resource centers still exist."

Felicia Nu'Man, director of public policy for policy and justice for the Louisville Urban League, said the bill will claw back on progress that's been made in Kentucky and make students less educated and competitive compared to peers at other universities.

The bill passed out of committee on a 13-3 vote. Jackson and Rep. Scott Lewis, R-Hartford, passed on voting.

Reach reporter Hannah Pinski at @hpinski@courier-journal.com or follow her on X, formerly known as Twitter, at @hannahpinski.

This article originally appeared on Louisville Courier Journal: Anti-DEI policies advance with Kentucky Senate Bill 6