Kentucky Governor Vetoes Ban on DEI in Public Higher Education

Kentucky’s flagship university is under federal investigation for alleged ‘race-exclusionary practices’ in graduate programs.

Kentucky Gov. Andy Beshear sits for an interview in Versailles, Ky., on May 17, 2023. Timothy D. Easley/AP Photo

Kentucky Gov. Andy Beshear vetoed a bill on Thursday that seeks to dismantle diversity, equity, and inclusion (DEI) initiatives at the state’s public colleges and universities.

“I'll always believe that diversity is a strength and never a weakness,” the governor, a Democrat, said in a video of him signing the veto, flanked by advocates opposed to the Republican-backed measure.

“Now, I believe in the golden rule that says we love our neighbor as ourself,” he said. “This bill isn’t about love. House Bill 4 is about hate. So, I’m going to try a little act of love myself, and I’m going to veto it right now.”

Passed on largely party-line votes, House Bill 4 would ban what it defines as DEI offices, employees, and training in public colleges and universities, as well as racial preferences in hiring, awarding scholarships, and selecting contractors.

The bill would also prohibit colleges and universities from mandating courses primarily intended to “indoctrinate participants with a discriminatory concept,” defining such a concept as one that “justifies or promotes differential treatment” based on someone’s race, sex, religion, or national origin. It defines “indoctrinate” as trying to force an opinion or a point of view on someone “without consideration of any alternative.”

Under the bill, Kentucky’s Council on Postsecondary Education would be barred from approving new degrees or certificates that require courses or training deemed indoctrination. It also encourages the council to eliminate existing academic programs with such requirements.

The Republican-controlled state Legislature is currently in recess for the veto period, which began March 15 and runs until March 26. Lawmakers are expected to override the governor’s veto when they return on March 27 for the final two days of the 2025 legislative session.

State Rep. Jennifer Decker, the bill’s primary sponsor, defended the measure during a House floor debate, arguing that it ensures equal access to higher education.

“If education is to be the great equalizer in the commonwealth, the opportunity to obtain a college degree in our state must be equally available and affordable for all,” Decker said in support of her bill ahead of a vote on March 5. “House Bill 4 would allow our universities and colleges to return to their focus away from social engineering to provide Kentucky students with excellent academic instruction in an environment that fosters critical thinking through open, constructive dialog.”

Decker also warned of the legal consequences if Kentucky’s colleges continue enforcing DEI policies. Over the past weeks, the Trump administration has intensified enforcement of federal anti-discrimination laws, pledging to investigate and withhold funding to institutions that fail to eliminate race-based programs.

On March 14, days after the Kentucky Senate approved Decker’s bill, the U.S. Department of Education’s Office for Civil Rights listed the University of Kentucky among 45 higher education institutions under federal investigation for “allegedly engaging in race-exclusionary practices in their graduate programs.”

“A continuation of unconstitutional practices that this bill seeks to stop exposes our campuses to great legal risks and, therefore, our taxpayers,” Decker said. “Taxpayers should not fund such practices.”