DEI overhaul passes the Utah House amid questions of consequences beyond higher ed
After 58-14 party line vote, bill now headed for the Senate’s consideration
The Utah House on Friday passed a bill to overhaul diversity, equity and inclusion programs in Utah schools, local government and other public entities.
The bill now heads to the Senate for consideration.
The 58-14 party line vote came despite questions from Democrats about what HB261, a bill that would restrict diversity, equity and inclusion programs in public entities, could mean for different aspects of life in Utah as a minority.
The House approved the bill after making changes that were discussed in the House Education Committee on Wednesday, including that the “government prohibited discriminatory practices” section doesn’t apply to “requirements necessary for an institution to establish or maintain eligibility for any federal program.”
“This bill is focused on removing barriers for all students and all Utahns who overcome adversity through hard work, initiative and talent,” the bill’s sponsor, Rep. Katy Hall, R-South Ogden, said on the House floor. She added that it doesn’t close cultural centers, defund programs or scholarships, or exclude students who need extra services for their academic successes.
The bill, titled “Equal Opportunities Initiatives,” would ban DEI statements and alter the mission of DEI offices in Utah public colleges and other government agencies to make services available for all, rather than focusing on minorities.
It also would prohibit “discriminatory practices,” which includes maintaining policies, programs, offices or trainings that promote the differential treatment of an individual based on their race, color, ethnicity, sex, sexual orientation, national origin, religion or gender identity.
Democratic lawmakers asked the Republican supermajority to take a step back and consider how the bill would affect K-12 schools, dual immersion programs, health equity, and even Salt Lake City’s eligibility to become host of the 2034 Winter Olympic Games.
Some, including House Minority Leader Rep. Angela Romero, questioned the assertion that Republican lawmakers made about continuing the work to increase diversity in the state after potentially passing the bill.
“I’ve been hearing everyone talk on the floor about equity, diversity and inclusion. But yet we still can’t use that title in an office,” Romero said.
She explained that because of the University of Utah’s Center for Ethnic Student Affairs, she was able to meet the late Sen. Pete Suazo, Utah’s first Hispanic state senator. She credits her current role as a representative to that door-opening connection.
“The reason why I’m here is because of programs like the Center for Ethnic Student Affairs,” Romero said, “because what it did is it addressed the disparities.”
Romero reiterated her concern that changing DEI efforts would “erase” people and their identities. Her constituents, she added, have reached out to her to say they feel like they don’t matter.
“I’m not saying anyone in this room is doing that on purpose. But I want to remind all my colleagues, there’s unintentional consequences when we just try to sweep things and say we’re all the same, because we’re not,” Romero said. “There are still a lot of things that have to change in this country, for us all to be on a level playing field.”
Rep. Neil Walter, R-Santa Clara, said the bill “ensures commonsense policies” at state agencies and higher education institutions, adding that public institutions should not promote political ideology.
“This bill does not justify or condone in any way racism or other activities that we still, in some of our communities and some of our interactions, struggle with,” he said. “I believe strongly this is the right step forward for our state.”
Utah House Majority Whip Karianne Lisonbee, R-Clearfield, also defended the legislation, saying that the state needs to ensure that all students receive equal treatment. She quoted author Carol Swain in her criticism of critical race theory and the “intolerant environment” of academia.
“What this bill does, is it says ‘We want to treat all people equal,'” Lisonbee said. “If we believe that the Civil Rights Act was a good thing, and that we want to end intolerance and discrimination in Utah and in America, then vote for this bill.”
However, as Hall said the bill originated from anecdotal concerns and not data, Democratic lawmakers said they worry about dismantling many programs when there haven’t been audits that reflect the extent of the issue.
During the debate, Rep. Brett Garner, D-West Valley City, who represents a minority-majority city, unsuccessfully tried to change the bill to exclude K-12 schools and government entities from its requirements. He said he hasn’t heard any discussion of the consequences this legislation could have on public education and other government entities other than higher education.
“I’ve heard from different groups in my community that were afraid of the dramatic impacts this legislation could have,” he said, “special education teachers (are) worried about the impacts on their federal funding and the ability of them to provide services and direct students to opportunities for their needs. Title I schools are worried, dual immersion programs, hiring programs to make our classrooms more diverse (are worried).”
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