A Wyoming House committee advanced a bill Wednesday prohibiting all diversity, equity and inclusion (DEI) government mandates and instruction in Wyoming schools.
State Rep. Rachel Rodriguez-Williams, R-Cody, is the bill sponsor.
There have been a number of states that have initiated anti-DEI rules, and Rodriguez-Williams believes that will continue at the federal level in President-elect Donald Trump’s administration.
“This bill restores our state government to the color-blind approach that the Constitution intends, that morality dictates and that our national unity requires,” Rodriguez-Williams said.
The House Education Committee unanimously advanced the legislation Wednesday afternoon.
Infringes On Free Speech?
Rep. Tom Kelly, R-Sheridan, a college professor, asked Rodriguez-Williams if her bill would prevent classroom discussions about the topic of institutional racism or simply prohibit promoting this concept.
He said he would not want the state telling him what he can and cannot talk about in his classroom.
Brian Farmer, executive director of the Wyoming School Boards Association, took a similar tone, warning that the bill’s original language could restrict any classroom discussion of court cases involving race like Brown vs. Board of Education and or any other Supreme Court case.
“If I’m a teacher and I’m engaging in instruction on these concepts … can we have the conversation, or does it prohibit the conversation?” he questions. “As written, the bill may have some unintended consequences.”
Rodriguez-Williams said the bill is limited to government mandates on DEI.
“Obviously, we don’t want to prohibit any freedom of speech of any individual,” she said.
An amendment was made to the bill clarifying this point.
Nathan Winters, president of the Wyoming Family Alliance, said he appreciates that bill explicitly defines all topics that include DEI.
What It Does
Under the bill, no state-funded institution, including the University of Wyoming, any community college, or public school can say:
• That any race, color, religion, sex, ethnicity or national origin is inherently superior or inferior.
• That a person should be discriminated against or adversely treated because of the person's race, color, religion, sex, ethnicity or national origin.
• That the moral character of a person is determined by the person's race, color, religion, sex, ethnicity or national origin.
• That because of a person's race, color, religion, sex, ethnicity or national origin the person is inherently racist, sexist or oppressive, whether consciously or subconsciously.
• That by virtue of a person's race, color, religion, sex, ethnicity or national origin, the person is inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity or national origin.
• That fault, blame or bias should be assigned to members of a race, color, religion, sex, ethnicity or national origin on the basis of race, color, religion, sex, ethnicity or national origin.
• That any person should accept, acknowledge, affirm or assent to a sense of guilt, complicity or a need to apologize on the basis of the person's race, color, religion, sex, ethnicity or national origin.
• That meritocracy or certain traits including a hard work ethic are racist or sexist.
It also states that no entity should:
• Engage in any diversity, equity or inclusion program, activity or policy.
• Engage in institutional discrimination.
• Require instruction promoting any institutional discrimination.
• Require any student, employee or contractor to attend or participate in any diversity, equity or inclusion program or training or any institutional discrimination program or training.
‘Chilling Effect’
The bill as amended by the committee also clarifies that nothing in the bill should prohibit any classroom discussions about historical topics or prohibit students from expressing their opinions about those events.
Rep. Tomi Strock, R-Douglas, clarified that the bill pertains to what the government can and can’t do, not students.
“Instead of assigning a particular characteristic to whatever entity in history we may be talking about, it would be more about the facts of the matter,” said Rep. Daniel Singh, R-Cheyenne.
Tate Mullen, government relations director for the Wyoming Education Association, also warned that the bill could have a “chilling effect,” given that its enforcement may be different from school to school, and even program to program, and lead to misunderstandings about what it actually prohibits.
He also said it potentially disproportionately impacts civics, history and social studies programs.
“If we have that chilling effect we are not providing a modern education that prepares our students for the jobs of today and tomorrow,” he said.
Patricia McCoy, chairman of the Cheyenne chapter of Moms For Liberty, said the bill has nothing to do with not teaching history and pertains to teaching through a certain ideological viewpoint. She believes DEI divides children and makes them notice their skin color more than who they could potentially become.
“You can teach the history of slavery without saying it was the result of white supremacy,” she said. “It was not just white supremacy. You can do without making people the aggressor or the oppressor in certain situations and have those conversations without pushing certain ideologies.”
Sundance resident Sherri Davis agreed, saying DEI runs in the face of the American promise of equality.
“Who are we today? Let’s quit this divisive education,” Davis said.
Sara Burlingame, executive director of LGBTQ advocacy organization Wyoming Equality, said there shouldn’t be sensitivity about discussing difficult topics in Wyoming schools. She described the bill as an “anvil” for crushing free speech in the classroom just to make certain people feel comfortable.
“This is a bill that would explicitly take that away,” Burlingame said. “I’m urging you to cowboy up and defeat this bill.”
The University of Wyoming has struggled with free speech issues in the past and in 2023 established a task force to develop new free speech policies for the school.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
