On the final night of the regular legislative session, lawmakers passed a bill characterized as banning diversity, equity and inclusion practices in state government.
About 10:45 p.m., delegates voted 87-12 in favor of the bill. Senators already passed the bill on March 26, but senators would need to agree to changes made in the House for the legislation to be complete by the conclusion of the session at midnight.
A majority of delegates voted to limit the time spent on debate over amendments, but still spent about two hours Saturday night voting down a series of proposed changes to the bill. However, delegates did adopt a couple relating to protections under the West Virginia Human Rights Act.
About 11:30 p.m., members of the state Senate voted 31-2 to agree to the changes made in the House of Delegates and pass the final version of the bill. Senator Joey Garcia, D-Marion, had 15 amendments ready for consideration, but a procedural move by the Senate majority meant they were not considered.
For good measure, the Senate voted again at 11:52 p.m. to agree with House changes and then to pass the bill one last, last time. The Senate adjourned at 11:57 p.m., and the House of Delegates adjourned at 11:58 p.m.
Senate Bill 474 aims to eliminate initiatives related to diversity, equity, and inclusion from all departments, divisions, agencies, boards, public primary and secondary schools, and institutions of higher education.
“My first question, sir, is what is the problem here? What are we seeking to solve?” asked Senate Minority Leader Sean Hornbuckle, D-Cabell.
House Education Chairman Joe Ellington, R-Mercer, responded with basics: “Problem here is you have divisions already throughout some of the schools and offices, programs and policies within the state.
“This is to eliminate those divisions by the executive order of the governor, and this just codifies it.”
Ninety-three percent of West Virginia’s population is White and almost 4% of residents are Black, according to the U.S. Census. About 2% of state residents are Hispanic.
Gov. Patrick Morrisey has called for ending DEI initiatives across state government. The acronym stands for diversity, equity and inclusion.
It’s a set of policies in business, government and academia aimed at promoting the fair treatment and full participation of all people, particularly groups who have historically been underrepresented or subject to discrimination based on identity or disability.
Social conservatives have taken aim at the policies as a kind of reverse discrimination.
“Diversity, equity and inclusion has never and will never be about somebody that’s unqualified skipping the line. It is always and will always be about qualified people just getting opportunity,” Hornbuckle said.
This bill includes the executive branch, primary and secondary schools, and higher education institutions. The bill restricts the imposition of certain concepts related to race and gender on students and employees, and prevents employees from being compelled to use preferred pronouns that do not align with a student’s biological sex at birth.
The bill calls for official neutrality on associated terms such as unconscious or implicit bias, cultural appropriation, identity group allyship, micro aggressions, group marginalization, systemic oppression, social justice, intersectionality, neo-pronouns, racial privilege and critical race theory.
The bill forbids establishing or maintaining an office or division meant to promote diversity, equity and inclusion. And it prohibits directing an employee or contracted third party to promote diversity, equity and inclusion.
It would not allow requiring any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.
It would prohibit giving employment preference on the basis of diversity, equity, and inclusion, and it would disallow requiring as a condition of employment that an employee participate in diversity, equity, and inclusion training.
“I’m shocked that several in the body that would continue with this Boogeyman,” Hornbuckle said.
“I’m a little bit confused as well, little bit angry. I don’t think there’s a problem. I know there’s not a problem.”