A bill that would reshape diversity, equity and inclusion programs at public higher-education institutions in Kentucky passed the Kentucky Senate earlier this month.

Senate Bill 6, which the Senate approved with a 26-6 vote, would prohibit public universities from requiring students, staff and faculty to endorse so-called “discriminatory concepts.” Under the proposed rules, students and staff could not be asked about their political or social ideologies to be considered for hiring, contract renewal, tenure, promotion or graduation, effectively eliminating what are often referred to as “DEI statements.”

There are 16 descriptions of what could constitute a “discriminatory concept” listed in the bill. A few of them are: 

• “An individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously”
• “An individual should be discriminated against or receive adverse treatment because of the individual’s race or sex”
• “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”
• “An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex”
• “A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex”

The full list can be accessed here.

According to email communication obtained by The Northerner through an open records request that was sent from NKU’s Chief Human Resources Officer Lori Southwood to other administrators, NKU does not “have new hires sign any DEI statement.”

DEI programs at NKU and other public higher-education institutions in Kentucky would not be disbanded if the Senate bill was passed, however. The bill states that DEI programs should encompass efforts to promote intellectual diversity, and that at least 50% of the office’s resources should be allocated to support students who received Pell Grants. Pell Grants are a form of financial aid given by the U.S Department of Education for students from low-income families. Unlike student loans, these grants don’t need to be paid back. 

The law makes clear that if an institution were acting in violation of the law, the commonwealth’s attorney general could force compliance through legal action.

At orientations for new students, like Northern Exposure, institutions would be required to include materials and discussions that educate students on freedom of speech. Copies of the First Amendment of the United States Constitution and the institution’s policies that ensure the protection of free speech would have to be provided at these events. A notice of the attorney general’s authority to bring civil action against the institution would also have to be provided to students.

The bill also would prohibit institutions from requiring stakeholders to participate in training classes that present “discriminatory concepts” as facts or that encourage participants to accept those concepts. A similar condition for degree course work would take effect as well, as for-credit courses that present “discriminatory concepts” as facts, or encourage students to support those concepts, could no longer be required. A description, syllabus and required readings for each for-credit course offered by an institution would have to be posted onto a “prominent, publicly accessible location on the institution’s website.” 

The Senate bill would also require public higher-education institutions to conduct campus climate surveys in 2025 and 2027 to assess diversity of thought and monitor whether students and staff feel comfortable speaking freely.

The anti-DEI bills in the Kentucky legislature mimic those in states around the United States. According to a tracker created by The Chronicle of Higher Education, 76 anti-DEI bills have been introduced across 26 states. 

A different bill introduced in Kentucky this legislative session, House Bill 9, would have more far-reaching effects than SB 6. That bill would dissolve DEI offices, mandatory diversity training and DEI statements. It also would bar institutions from using religion, race, sex, color or national origin as a criteria to influence admissions and eligibility for scholarships.

The House bill has not yet been voted on.  

President Cady Short-Thompson acknowledged the bills and the effects they could have on NKU in a mass email last week. 

“Of course, I know many in our community are concerned with much of the proposed legislation around DEI. I share those concerns. NKU is and will continue to be an inclusive community. A quick walk through campus is all you need to see how many different races, genders, cultures, religions, and backgrounds are represented, celebrated, and supported here,” she wrote.

“Our student success metrics tell us that these programs and services are highly effective; moreover, we know this from the voices of our students who laud our staff and faculty for the positive role they’ve played in their lives. In fact, our staff and faculty who engage in this work are critical to our goals of increased recruitment and retention rates, improved time-to-degree pace, and record-high graduation rates of our students,” she went on, referring to staff and faculty in DEI positions. 

A recent survey of 625 Kentucky voters found that 71% of them believe that businesses and institutions should be allowed to make decisions regarding DEI training and education without government input. 

Those in favor of the Senate bill tout it as a stimulant for free speech and argue that DEI offices and statements curb freedom of expression. According to reporting from Louisville Public Media, SB 6’s lead sponsor, Sen. Mike Wilson of Bowling Green, said, “I have filed this bill on behalf of students and faculty whose First Amendment rights are being violated, and face a shifting, stifling, politically correct academic atmosphere.”