Dr. John Haltigan sought a professorship in psychology at the University of California when he ran into the university’s diversity, equity, and inclusion screening process for faculty hiring. Failure to pledge devotion to the DEI mantra is fatal to any prospect of employment. Yet he refused to capitulate. As a matter of principle, Haltigan objects to the DEI orthodoxy and is committed to "colorblind inclusivity," "viewpoint diversity," and "merit-based promotion."
Now, Haltigan is fighting back with a lawsuit in federal court. He argues that the university’s DEI mandate is compelled speech and viewpoint discrimination in violation of the First Amendment of the Constitution. His employment should rightfully be based on his academic credentials and achievement, not his race or dedication to DEI.
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There's a sad lesson to be learned here: DEI is overwhelming all aspects of higher education.
While the words diversity, equity, and inclusion may appear laudable and benign, the reality is that DEI is a divisive, corrosive ideology. DEI adopts the false pretext that our society and institutions are systematically racist and dominated by white privilege. DEI’s remedy for its delusion is discriminatory race-focused admissions and faculty hiring taking precedence over academic merit. As seen in Haltigan’s case, DEI demands allegiance to its precepts as a condition for employment.
The truth is that DEI is the antithesis of academic freedom and subverts the university’s educational mission. Fortunately, states are striking back.
This past February, the office of Gov. Greg Abbott (R-TX) released a letter warning state agencies and public universities that the use of DEI initiatives in hiring is "inconsistent with the law" and that hiring cannot be on any basis "other than merit."
In June, Abbott signed legislation prohibiting Texas higher education institutions from funding DEI offices, mandating diversity training and DEI loyalty statements for admission or employment, or hiring DEI staff. This new Texas law rejects the race-based agenda of DEI as it bars the consideration of race, ethnicity, or gender identity in college admissions and employment. To ensure compliance, the law requires the state auditor to conduct periodic reviews of college programs and empowers students and university employees with the right to bring legal action against a university for violations.
Texas is the second state to end DEI initiatives in higher education. Gov. Ron DeSantis (R-FL) signed two complementary bills in May that mandate intellectual freedom and viewpoint diversity at state universities. Like Texas, the Florida Senate Bill blocks higher education institutions from spending federal or state dollars on DEI programs. The law also specifically bans indoctrination courses in identity politics, systemic racism, and white privilege.
Florida HB 931 goes further with specific legislative findings that the "fundamental purpose" of the university is not progressive ideological indoctrination; rather, its mission is the "advancement of knowledge." This purpose is best achieved through the "open discussion and debate of contested public policy issues from diverse perspectives" — a debate that the progressive Left fears. To that end, HB 931 bars the use of ideological filters that require DEI political statements and attestations by faculty and students in hiring, promoting, and admissions.
The goals of these proposed laws are to end political oaths, compelled speech, and racial profiling in university hiring and admissions. They aim to promote free speech and the substantive intellectual diversity that is essential to higher education and our constitutional government. Academic freedom is the cornerstone of higher education.
These laws in Florida, Texas, and other states are tremendous victories for the constitutional right of free speech and equality. More states must follow their lead to derail the progressive Left’s relentless pursuit of its corrosive, divisive DEI agenda.
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Mike Clancy is a lawyer, political and legal commentator, and member of the Federalist Society. Follow him on Twitter @MikeClancyVA.