'HB 4 is about hate.' Ky. Gov. Andy Beshear vetoes anti-diversity, equity, inclusion bill

Gov. Andy Beshear has vetoed House Bill 4, a GOP-backed bill aimed at restricting and in some cases dismantling Kentucky public universities’ efforts on diversity, equity and inclusion.

The governor announced his action in a video posted to social media mid-Thursday.

“I’ll always believe that diversity is a strength and never a weakness, that we are better with more voices and more seats at our table,” he said. “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 we accept everyone.

“This bill isn’t about love. House Bill 4 is about hate, so I’m gonna try a little act of love myself, and I’m gonna veto it right now,” Beshear said before signing his veto message.

The bill would require state universities and the Kentucky Community and Technical College System to defund all DEI initiatives, including offices, policies and practices “designed or implemented to promote or provide preferential treatment or benefits to individuals on the basis of religion, sex, color, or national origin.”

It was sponsored by Rep. Jennifer Decker, R-Waddy, whose effort to pass a similar bill last year failed.

Decker has said the bill will promote “equal opportunity, not subjective equity” on Kentucky’s higher education campuses, and would align Kentucky with “with equal protection principles upon which our nation was founded.”

Opponents say the bill would effectively limit access to higher education for minorities in Kentucky.

Sen. Keturah Herron, D-Louisville, speaking against the bill before it passed in the Senate last week, said the bill would have “a huge negative impact” on minority communities “moving forward for generations to come.”

“This bill is a direct attack on Black, brown, LGBTQ and anyone who is non-white,” Herron said.

Given that the bill passed before the 10-day veto period, the legislature has time to override Beshear’s veto when they return to Frankfort in a week.

The bill got unanimous support from four-fifths GOP majorities in the House and Senate. Nearly all of the House and Senate Democrats, with the exceptions coming from Eastern Kentucky legislators, voted against it.

A DEI office under the bill is one that promotes “discriminatory concepts,” which are defined as “any concept that justifies or promotes differential treatment or benefits” to an individual based on the aforementioned traits.

It would also ban any course or training students or staff are required to participate in where “the primary purpose is to indoctrinate participants with a discriminatory concept,” and blocks universities from requiring diversity statements.

The bill grants the Auditor of Public Accounts power to conduct periodic “compliance audits” of higher education institutions. If the auditor determines one of those institutions “spent money in violation” of the law, that college or university would have to comply within 180 days, or risk becoming ineligible for federal formula funding increases.

The University of Kentucky and Northern Kentucky University both dissolved their DEI offices last year.

In a statement Wednesday, UK President Eli Capilouto said the university is “complying with all federal and state laws and directives.”

“Last fall, we announced a number of policy initiatives specifically around these issues that positioned us to be compliant with these changes, while continuing to honor our values of academic and scholarly freedom and our intent to be one community composed of many people,” Capilouto said.

Beshear’s veto video featured people who supported his decision.

Lexington NAACP President Whit Whitakersaid that “equity, inclusion, accessibility and diversity is embedded in everything we do.”

University of Louisville student Bradley Price said by vetoing the bill, Beshear was “telling marginalized people across the state that he stands with us (and) he will fight to make sure we have equal access to education.”

Shortly after the veto was announced, the ACLU of Kentucky praised Beshear for the move.

“Thank you, Governor, for recognizing that diversity makes us stronger, equity makes us fair, and inclusion is a Kentucky value,” the group said in a post on social media.

UK under federal investigation for DEI

The U.S. Department of Education’s Office for Civil Rights announced investigations Friday of more than 50 universities — including UK — for diversity, equity and inclusion programs “to end the use of racial preferences and stereotypes in education programs and activities.”

On Wednesday, Capilouto said the university had formally cut ties with The Ph.D. Project, a networking organization that helps doctoral students complete their degree, which is believed to have sparked the investigation.

UK has “discontinued any association with the organization, given this review and the concerns raised,” he said.

“We are continuing to examine this issue, but we believe based on our initial analysis that UK’s role in this organization has been limited to attendance at an annual conference,” Capilouto said. “This conference is designed to encourage networking among schools to promote enrollment. Further, from that initial review, we do not have any doctoral students engaged with the program.”

The Department of Education has been informed, and UK will “fully cooperate with its review,” he added.

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