Senate Bill 6 prohibits universities from mandating employees or students agree to DEI statements or endorse more than a dozen concepts it describes as "discriminatory."
See full list below.
Critics charged that the bill is legislative overreach and micromanages higher education. Lexington Democrat Reggie Thomas characterized the measure as a step backward and defended the idea of embracing difference.
"We should not and never as a country move to a colorblind society, but instead we should embrace all people of different colors, different origins, different languages, different sexes," Thomas said. "It is the richness of our diversity and our differences that what makes us strong."
Backers of the legislation described DEI programs as having smuggled in political ideologies, arguing the prohibitions laid out in the bill are "common sense" and should be uncontroversial. Sponsor Mike Wilson, a Bowling Green Republican, said the measure isn't anti-diversity.
"There is much that we can do to promote academic success for underrepresented minorities without promoting divisive academic theories," he told colleagues.
The Senate sent the bill to the House on the same day a Foundation for a Healthy Kentucky survey of 625 registered Kentucky voters found that 71% believe businesses and institutions should have the authority to author their own DEI policies and training programs without government interference.
SB 6 is one a handful of DEI-related bills under consideration this session. While Tuesday's floor debate was lengthy, Democratic Sen. Robin Webb said it's likely the bill will return to the chamber with changes from the House. She predicted the issue will ultimately be one for the courts to decide.
According to the bill, discriminatory concepts would include:
- 1. One race or sex is inherently superior or inferior to another race
- 2. An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously
- 3. An individual should be discriminated against or receive adverse treatment because of the individual's race or sex
- 4. An individual's moral character is determined by the individual's race or sex
- 5. An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
- 6. An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex
- 7. A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex
- 8. The Commonwealth of Kentucky or the United States of America is fundamentally or irredeemably racist or sexist
- 9. Promotes or advocates the violent overthrow of the United States government
- 10. Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people
- 11. Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex
- 12. The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups
- 13. All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness
- 14. Governments should deny to any person within the government's jurisdiction the equal protection of the law
- 15. Includes race or sex stereotyping
- 16. Includes race or sex scapegoating
