House Bill 4, a bill that aims to ban diversity equity and inclusion (DEI) initiatives at public colleges and universities, passed through both chambers of the Kentucky legislature earlier this month. Despite passage in both chambers, Governor Andy Beshear vetoed the measure, citing concerns that it would hinder efforts to create welcoming and inclusive environments on Kentucky college campuses. However, the Republican-controlled legislature overrid the veto, meaning the new anti-DEI law will go into effect later this year.
Barring exceptions for Title IX requirements along with the Americans with Disabilities Act, House Bill 4 defines DEI initiatives as policies or practices that are “designed or implemented to promote or provide differential treatment or benefits to individuals on the basis of religion, race, sex, color or national origin.”
The bill not only bans these initiatives but also requires schools to eliminate DEI-related offices and positions and prohibits DEI training requirements.
Beshear announced that he would be vetoing the bill in a social media post where he stated “Now, I believe in the Golden Rule that says we love our neighbor as ourself, and there are no exceptions, no asterisks. We love and accept everyone. This bill isn’t about love. House Bill 4 is about hate. So I’m going to try a little act of love myself, and I’m going to veto it right now.”
In order to override Beshear’s veto, the legislature simply needs a simple majority of votes. With the Kentucky legislature dominated by a Republican supermajority, with Republicans holding 80% of the seats in both chambers, the legislature had an easy time overriding the governor’s veto at the end of the legislative session.
Kentucky universities will be required to eliminate all DEI programs by the time the bill goes into effect on June 30, 2025. Additionally, beginning July 1, 2026, each institution will be required to “submit an annual certification to the council that: (a) Is signed by president of the institution or the chief financial officer of the institution; and (b) Certifies that the institution has not spent money in violation of this section during the previous fiscal year” according to the bill.
While proponents of the bill have argued that DEI programs have fostered division and promoted preferential treatment based on identity markers, rather than merit, opponents of the bill fear that it will have negative consequences that will prove to be detrimental for marginalized communities.
Critics warn that the implementation of House Bill 4 could lead to decreased diversity among students and faculty, making Kentucky’s public universities less attractive to prospective students from underrepresented backgrounds. Some university officials have expressed concerns about the potential loss of federal grants and partnerships that emphasize diversity and inclusion efforts.
As Kentucky colleges and universities prepare to comply with the law, students, faculty, and administrators are left grappling with its long-term implications. Whether House Bill 4 will achieve its intended goals or lead to unintended consequences remains to be seen, but its passage marks a significant shift in the state’s higher education policies.
Photo courtesy of Courtier Journal.