One of Utah’s most debated bills this legislative session is reaching its final phase with a last nod from the Senate. A ban of diversity, equity and inclusion programs is now back in the House for one last vote before it reaches the governor’s desk.

The bill has progressed fast, getting approvals from the two legislative bodies in the second week of the session.

Though Democrats made pleas to stop the legislation, the final Senate vote was 23-6, passing the bill along party lines.

Sen. Keith Grover, R-Provo, the bill’s Senate sponsor, made changes to the bill to address concerns about current scholarship programs that serve specific groups, allowing an exception for “private scholarships administered by an institution.” There are also adjustments to protect Title VI of the Civil Rights Act — which “prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.”

There was also a modification to address health care questions and concerns. Public entities are allowed to establish “policies that are necessary to comply with state law enacted on or before July 1, 2024.”

“That captures some of the concerns that could have come up with this bill and the state’s ability to find out information and gather information regarding diseases, and things like that, for affected populations,” Grover said

Additionally, the amendment requires that directors of state agencies will have to conduct thorough reviews of existing agency programs and offices to determine their compliance with the new law, once passed. They would then have to submit the reports to the governor before August 2025.

Final Senate discussion

HB261, titled Equal Opportunity Initiatives, intends to ban DEI statements and turn DEI offices into “student success centers” in Utah public colleges and other government agencies to make services available for all, rather than focusing on minorities.

It’s an action that opponents believe comes from a national agenda and not from a Utah problem.

“(I’m) trying to understand what we’re trying to fix here,” Senate Minority Leader Luz Escamilla, D-Salt Lake City, said during the debate. She cited the state demographics, comparing it with the Utah System of Higher Education’s enrollment data, which shows that white students represent 73% of enrollees and, if compared to the state’s full population, people of color are still underrepresented in colleges.

“If Utah’s enrollment is not even close to where we need to be,” she said, “we are failing and this is not the solution.”

Escamilla said the legislation makes Utahns from minority communities feel like their history and identities are being erased. It’s also contrary to new demographic realities in the state.

“Erasing someone’s history is never the solution,” Escamilla said. “The years investing in creating a safe environment for all and fostering dialogue and education will be damaged.”

Sen. Karen Kwan, D-Taylorsville, also said she worries the law would eliminate spaces where Utah minorities felt a sense of belonging. As someone who worked in diversity, equity and inclusion efforts before, she’s certain that the DEI trainings she went through helped her better serve communities of color, she said.

“The unintended consequences of this bill cannot be overlooked,” Kwan said. “It risks dismantling essential support systems and creating a void for students who rely on the safe spaces. And as representatives of our diverse constituents, we must consider that potential harm.”

The legislation, sponsored by Rep. Katy Hall, R-South Ogden, 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. Additionally, it requires a climate survey from public Utah colleges and universities that would ​​assess student, faculty and staff perceptions and experiences in campus environments, policies and practices of freedom of speech and academic freedom.

“This bill will finally eliminate diversity statements that we have seen cause much problem.” Grover said, though in previous discussions, the sponsors have said complaints about the programs have been anecdotal and not data-based. “It ensures academic freedom on university campuses where all voices will be heard. And it does implement “student success centers” that will provide equality of opportunity for everyone.”

Democrats ask for veto

Democratic senators and representatives wore black on Thursday to express again their rejection of the DEI bill as well as HB257, which restricts transgender access to bathrooms and changing facilities matching their gender identity.

Escamilla said the bills send the wrong message to children: “That they don’t belong in the state of Utah.”

“We will ask the governor to veto these bills, and we do it collectively as a group,” she said. “He does have a pen, and he has the power to veto or sign these bills.”

If Gov. Spencer Cox does sign the bills, Escamilla said, Democrats will continue to work during the next interim session to address lingering concerns. She added that the bills are complicated to understand — even for lawmakers — and the majority of Utahns may not be aware of the magnitude of the effects they will have on their lives.

“The bill addresses every governmental entity, and will limit the ability to have conversations about race, about gender,” she said. “Gender, which is such an important thing for Utah, that we could continue to rank the lowest when it comes to women in positions of leadership.”

House Minority Leader Rep. Angela Romero, D-Salt Lake City, also expressed concern about “erasing” people of color and members of the LGBTQ+ community with many policies that pass in the Legislature.

“We want people of color, we want our LGBTQ+ community, we want anyone who’s marginalized, to know that we are here and we are your voice,” Romero said. “And the only way we’re going to change things is if you stand with us and you change who’s in office.”

Utah News Dispatch is a nonprofit, nonpartisan news source covering government, policy and the issues most impacting the lives of Utahns.

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