Anti-DEI bill advances in WV House

A bill banning Diversity, Equity and Inclusion programs in state government and schools passed the House Education Committee on Thursday: Senate Bill 474. 

Diversity, Equity and Inclusion (DEI) programs promote the fair treatment of groups that have historically been underrepresented or discriminated against, including women, people of color or LGBTQ+ people.

SB 474 prohibits hiring practices associated with DEI, the maintenance of DEI offices and instruction on several topics including the following:

• “That one race, ethnic group or sex is morally or intellectually superior to another”
• “That an individual is racist, sexist or oppressive (unconsciously or consciously) because of their race, ethnicity or sex” 

The bill will also impact nonprofits receiving state funding. Although community leaders have expressed concerns that Gov. Patrick Morrisey will use this bill to defund the Herbert Henderson Office of Minority Affairs, both the House’s budget bill and the governor’s recommended budget include funding for the office. 

During a Wednesday committee meeting, Del. Anitra Hamilton, D-Monongalia, asked what this bill was prohibiting that was actively going on in West Virginia. Katie Franklin, deputy counsel for Gov. Patrick Morrisey, mentioned that universities in the state have operated DEI offices.  

“The intention isn’t to ban diversity. The intention is to say that based on race, ethnicity, sex, national origin, you are not getting a different treatment than anybody else,” Franklin said during a Wednesday meeting.

SB 474 does allow people to discuss race, ethnicity, sex and the impact they have on current events and the past. It also makes no infringement on free speech protected by the U.S. Constitution. 

If passed, the bill would create a complaint and appeal process for folks who believe its requirements have been violated. 

“So say a student comes home and says, ‘This teacher said something that made me feel guilty.’ Okay, that parent could go–off of that–the parent could go file a grievance, and first that would go to the principal?” asked Del. Mike Pushkin, D-Kanawha, during the Wednesday meeting. 

“Yes, sir,” Franklin said. 

Pushkin was one of seven delegates on the committee to vote against the bill, later describing it as political gamesmanship. 

“The fact that it redefines three words that have their own definition, and three words that are all positive words that most people agree with: diversity, equity, and inclusion,” Pushkin said. “Those have always been good things, things that you strive for. Diversity is strength. It’s good to be around people with different cultures, different backgrounds, different races, different religions, people who don’t agree with you.” 

Over the course of several days, multiple people spoke to the committee about personal experiences with racism and discrimination–experiences that moved them to speak against SB 474. 

 Rev. Matthew Watts, senior pastor for Grace Bible Church of Charleston, grew up in Fayette County during the 1960s. The pastor was not allowed to attend schools with white people until 12 years after Brown v. Board of Education was decided, outlawing separate but equal schools. He said banning DEI could prevent young people who come to West Virginia for college from staying in the state. 

“They may be dissuaded from staying here simply because they may feel like this is not a place that welcomes me or welcomes someone like me to be here,” Watts said. “And we need for them to stay because we have the lowest percentage of adults with a college degree in the United States of America.” 

Del. Anitra Hamilton also spoke against SB 474 at length on Thursday, after proposing two amendments to the most recent version of the bill. 

“Today I’m standing and I’m going to be on the right side of history because it matters. It’s offensive. It’s offensive to me. It’s offensive to my ancestors. My great-great-grandfather was a slave. That’s how my family got here. But no one else has that testimony in here,” Hamilton said. 

One of her proposed amendments, which failed to pass, would have added protections against discrimination based on traditional hairstyles and hair textures, including afros, curls, locs, braids and twists. 

Lawmakers have consistently introduced separate legislation—more commonly known as the CROWN Act–to enshrine these protections for West Virginians. The CROWN Act was introduced again this year, but never made it on a committee agenda. 

Hamilton’s other proposed amendment passed. It added “sex” in certain definitions pertaining to DEI. 

As she wrapped up her statement on the bill, Hamilton’s exhaustion was palpable. 

“I’m tired of having these conversations every year while I have to have a seat at the table. I’m tired of it. At some point, West Virginia has to move beyond this. And why we’ve got to have this legislation coming from the governor’s office, I do not know. I’m against it. I will always be against it. Vote your pleasure. It’s a no for me,” Hamilton said.