Stop Legislating Racism

Indiana is the latest state in a nationwide movement to legislate racism. SEA202 requires universities to submit their DEI budgets and numbers of DEI personnel to the legislature, prohibits universities from requiring applicants to sign anti-discrimination statements, and says that if an applicant submits any statement regarding DEI “or related topics,” the institution can’t grant admission, hiring, or tenure “on the basis of viewpoints expressed in the pledge or statement.” In addition, colleges must submit and justify their spending on diversity to the legislature. A group of civil rights leaders protesting the bill to the Governor aptly called these requirements Orwellian. We think they’re downright scary.

This same group of civic, academic, and religious leaders asked to meet with Governor Holcomb before he signed the bill into law. He refused.

Bill author Senator Spencer Deery (R, Lafayette) insists that the intention of the bill is to foster intellectual diversity on Indiana campuses, specifically allowing conservative voices to be part of the academic discourse. We agree that fostering increased diversity on college campuses is a good thing. But squelching cultural diversity to foster intellectual diversity seems a paradox.

Senator Deery stated, “Indiana data shows the two groups least likely to be able to express themselves in higher education are African Americans and political conservatives. Both facts should concern us,” citing the 2023 Indiana Commission on Higher Education report entitled, Indiana Campus Free Speech Report. In fact, that report, based on a survey of all undergraduates in our state, showed that respect for free speech was in no way a problem at Indiana’s universities.  When surveyed about whether “Free speech is highly valued at [University],” 75.4% of all students report yes. Of politically conservative students surveyed, 55.5% also strongly agree that they can openly express their opinions. Only 14.8% strongly disagree, with 13.9% neutral and 15.5% who don’t know or didn’t answer. The only group to report under 50% was Native American students (49.9%). In truth, there are indeed two groups least likely to be able to express themselves according to the data - Jewish and Muslim students who reported lower levels of agreement that their views are valued less than politically conservative students (52.8% and 51.5% respectively).

These data refute Senator Deery’s assertion that politically conservative students are marginalized on college campuses. The anecdotal evidence he cites is not confirmed by facts.

Lastly, and most importantly, Senator Deery has not, and appears unwilling, to address the racial inequity issue. [SR1] It is surprising that neither in his statements nor in news reports does Deery respond to extensive charges by the Indiana civil rights community that SEA202 is highly discriminatory – both in what its sanctions are levied for (talking about racism and discrimination) and who will be most harmed by the bill (faculty of color). The NAACP stated it was “appalled” by the bill. Deery’s only statement on the issue was that “…we need a vocabulary to identify and condemn racism and when everything becomes ‘racist,’ that condemnation becomes less meaningful.” Senator Deery, we do have a vocabulary to identify and condemn racism:  The arbiter of that vocabulary is the Black community through their representative groups like the NAACP and the Urban League. Those groups and other civil rights leaders in Indiana have unequivocally called out this bill as racist.

Much of the bill’s language is a close copy of Florida legislation attacking DEI and is part of a national movement to kill DEI efforts. The Chronicle of Higher Education describes a “…new wave of legislation targeting diversity, equity and inclusion in higher education” with efforts in Alabama, Indiana, Florida, Utah, and Wyoming.

The University Alliance for Racial Justice said that, while it opposed the threatened loss of tenure and other ramifications for university faculty members, “what is most egregious about the bill is the fact that such sanctions would be imposed as a consequence for speaking about discrimination and racism in higher education classes in the state of Indiana.”

The Indiana ACLU has filed a lawsuit on behalf of four Indiana faculty members, alleging that SEA202 “violates the First and Fourteenth Amendments of the U.S. Constitution… SEA 202 puts Indiana’s professors in an untenable position.  Through vague language and the threat of harsh sanctions, including termination, the law strips professors of the academic freedom that the Supreme Court has long recognized they have the right to exercise. No professor should have to choose between their employment and their First Amendment rights.”

We are concerned about the multitude of national initiatives to legislate state issues, especially when they target and discriminate against groups that have always been made vulnerable in our nation. These powerful and well-funded groups use local legislators to do their bidding. We the citizens of Indiana need to send a clear message to our elected leaders that we are paying attention to the true impact of their legislation and will cry foul when they overstep. That is how democracy.

Rev. David W. Greene, Sr., President of the Concerned Clergy of Indianapolis
Dr. Russ Skiba, Professor Emeritus, Indiana University
Rabbi Aaron Spiegel, Executive Director, Greater Indianapolis Multifaith Alliance (GIMA)