Kansas outlaws DEI statements from university hirings, admissions after Kelly approval

A multi-year effort fueled by Kansas Republicans to prohibit public universities from requiring prospective students or hires to make any statement on diversity, equity, and inclusion has succeeded.

Kansas Gov. Laura Kelly vetoed a similar policy last year tucked into the state’s budget, arguing that DEI facilitates open dialogue to challenge students’ thinking. This year, she allowed the policy to become law without her signature despite her concerns about the legislation.

“I don’t believe that the conduct targeted in this legislation occurs in our universities,” Kelly said in a statement. “We need to move forward and focus our efforts on making college more affordable and providing students from all backgrounds with the tools they need to succeed. I am focused on advancing policies that drive economic growth and develop tomorrow’s workforce.”

The approval of the policy came after Republicans threatened to withhold 5% of state universities’ budgets – totaling $35.7 million – if Kelly did not sign the bill into law. The provision, tucked into the state’s $25.4 billion budget, attempted to pressure Kelly or the state university leaders to eliminate the DEI initiatives.

It would have also returned the funding if all six public universities’ presidents certified to Kelly and legislative leaders that they had eliminated DEI requirements in applications for admissions, hiring, promotions, training, and tenure processes. Kelly did not line-item veto the budget proviso, though she has the authority to do so.

While the bill does specifically target DEI policies, it also includes language that would prohibit hiring or admissions teams from requiring prospective students or job applicants to agree or disagree with any political ideology.

The legislation does not define what DEI is, however, a major point of contention from Democrats, who say it’s dangerous to punish state universities for an undefined violation.

Rep. Steven Howe, a Salina Republican, sponsored the legislation. He applauded the governor and the Legislature’s support of the policy which he said promotes academic freedom, intellectual diversity, and freedom of speech on college campuses.

“In recent years many colleges and universities have required students and faculty to pledge their allegiance to a politicized understanding of “diversity, equity and inclusion” as a condition for employment and promotion,” Howe said. “Loyalty oaths and political litmus tests are not constitutional.”

Republicans in more than 20 states have attempted to limit DEI initiatives. They argue requiring job candidates to sign statements agreeing or disagreeing with these statements discourages academic freedom and forces candidates to subscribe to a liberal ideology. Utah and Alabama signed the measure into law this year.

House Minority Leader Vic Miller, a Topeka Democrat, said the legislation is a solution in search of a problem.

“There’s very little evidence that people’s First Amendment rights are stifled,” he told the Star. “I think it’s good to have support for diversity, equity, and inclusion, and I don’t think they’re harmful. It benefits everybody to learn more about DEI – it helps people understand the world in a better way.”

Earlier in the session, an audit revealed that public Kansas universities spent a total of $45 million on DEI programs, the majority of which was used for salary and benefits for staff. A fraction of that figure – around $9 million – came from state funds.

But since the bill does not define DEI, the universities who reported these numbers also gave differing definitions, the audit said. It’s not clear, therefore, how accurate that dollar figure is.