Texas Bill That Would Ban DEI in Higher Education Inches Toward Approval

State considers following Florida's lead, as lawmakers hear testimony

Travis Ballie holds a sign in front of the U.S. Supreme Court on Oct. 10, 2012, in Washington, during arguments for and against affirmative action in the case of Fisher v. University of Texas (UT) at Austin. Mark Wilson/Getty Images

Texas is one step closer to following in Florida’s footsteps by creating a state law that would ban diversity, equity, and inclusion (DEI) policies from universities.

Opponents of DEI programs say they divide people into camps of oppressors and victims based on race, gender, sexual orientation, and others. Those in favor of DEI programs say they’re necessary to give oppressed groups justice by providing advantages they say are long overdue.

The Texas Senate Subcommittee on Higher Education initially approved Senate Bill 16 last week. For it to become law, it would have to be passed by the full Senate and the state House, then go to the governor’s for a possible signature.

If it becomes law, the bill would block Texas faculty from compelling college students to adopt a belief that any race, sex, or ethnicity is superior to another.

Texas Lt. Gov. Dan Patrick—a powerful opponent of DEI—speaks at a 2024 campaign rally for former President Donald Trump in Waco, Texas, on March 25, 2023. Suzanne Cordeiro/AFP via Getty Images

The bill also would amend the Texas Education Code, requiring higher education institutions to create an “environment of intellectual inquiry and academic freedom.” And it would require them to create an environment of “intellectual diversity, so that all students are respected and educated, regardless of race, sex, or ethnicity or social, political, or religious background or belief.”

Lt. Gov. Dan Patrick—one of the most powerful politicians in Texas because of his role presiding over the state Senate—has been an outspoken critic of state universities’ adoption of DEI programs aligned with critical race theory (CRT).

CRT is a neo-Marxist ideology that teaches that America is systemically racist. It calls for the adoption of so-called “antiracist” policies in order to combat racism. Those policies often call for actions that discriminate against whites to compensate for real or perceived racism in the past, present, and future.

Protecting ‘all Texans’

The idea of banning that ideology gained traction in Texas this year, as it came to light that DEI policies had become prevalent at most of the Lone Star State’s universities.

Many Texas universities have required DEI loyalty statements in hiring and have pushed faculty and students to adopt the left-wing political ideology.

On Feb. 8, news broke that Texas Gov. Gregg Abbott’s chief of staff, Gardner Pate, had sent a memo to state agency leaders, including universities, that using DEI in hiring was illegal.

The memo, reported widely by Texas media, said DEI had been manipulated to push policies that expressly favor some demographic groups to the detriment of others.

At a hearing on SB 16, some Texas university professors and students spoke against it. One student suggested a student boycott of tuition, if the bill passes.

Speaking in favor of the bill was Carol Swain, distinguished senior fellow for constitutional studies at the Texas Public Policy Foundation, and a former tenured professor at Princeton and Vanderbilt universities.

Carol Swain, conservative author, commentator, and former university professor. Courtesy of Carol Swain

“I think it will protect the civil rights and civil liberties of all Texans,” Swain said, “strongly” urging lawmakers to support the bill.

During her testimony, Swain mentioned news articles from The Epoch Times that documented bias and social pressure experienced by conservative students and faculty at institutions of higher education.

Swain said her personal story does not fit the Left’s narrative that minorities are victims who cannot succeed in America.

One of 12 children born and raised in rural poverty in southwestern Virginia, Swain dropped out of school after completing the eighth grade, she told subcommittee members. She was married by 16, and had three small children by 21.

However, she eventually earned a doctorate in political science and a master’s in law studies.

“Social scientists would describe a person like me as underprivileged, a victim, doomed to fail and going nowhere,” Swain said. “And as you can see, they would be wrong.”

Hostility for America, Christianity

In her 28 years in academia, Swain witnessed the evolution of ideologies that oppose American principles, she said. She is author of “Black Eye For America: How Critical Race Theory is Burning Down the House.”

“I watched firsthand as critical theories such as critical race theory, critical queer theory, radical feminism, cultural relativism, and postmodernism escaped from the law and philosophy department, and gradually changed our colleges and universities, before spreading into and infecting the K-12 educational system,” she said.

Now, Swain said students are encouraged to seek out microaggressions, perceived insults, and threats that may or may not be made consciously. And universities have become indoctrination centers that are openly hostile to any ideas associated with Western civilization, particularly Christianity and traditional American thought, she said.

A Florida university student—who asked to be identified only as Mia, because of her professors' open disdain for Christians—sits with her study Bible at her home on Christmas break on Dec. 22, 2022. Courtesy of Mia

Blame for slavery has been placed on white America, though slavery has been part of the world since ancient times, Swain said. And professors today ask students questions about their beliefs to “out” them, which leads to punishment through lower grades and harassment from fellow students, she said.

Balanced information about the history of slavery is lacking on college campuses, she said. She pointed to risks whites took to operate what became known as the “underground railroad,” a movement that helped black slaves escape to free states in the North.

And “slaveholders included blacks, whites, and Native Americans,” she said.

DEI, Swain said, has led to self-segregation by affinity groups and has splintered a cohesive American society.

Standing for CRT and DEI

Swain’s anti-DEI made her a target for sharp questioning by one lawmaker.

Texas state Sen. Royce West, who is black, prodded Swain about her definition of DEI. After she attempted to respond, he pointedly said, “I need you to answer the question. Because your testimony is, frankly, inconsistent with what I’ve experienced.”

Another bill opponent was University of Texas professor Roger Reeves, who said he was against it “because of its vague language” that could restrict teaching about the wrongs of slavery.

UT student María Del Carmen Unda opposed the bill on behalf of Texas Legislative Education Equity Coalition, saying it would restrict intellectual freedom. She said she represented student racial and ethnic groups that are against curtailing DEI.

“We have been discussing extensively that if these DEI initiatives—anti-DEI bills—pass, that we will not pay tuition,” Unda said.

Students at the University of Texas in Austin participate in the "Walkout to Vote" event on Nov. 6, 2018. Suzanne Cordeiro/AFP/Getty Images

In February 2022, in response to CRT bans in Texas and nationwide for K-12 institutions, the University of Texas  at Austin Faculty Council challenged anyone to stop them from teaching the ideology. The council passed a resolution stating it will stand against any future intrusions on faculty authority by the Texas Legislature or the University of Texas (UT) System Board of Regents.

Since then, conservative Texas lawmakers have been building support to outlaw DEI..

Teaming Up with Florida

SB 16 will likely pass the Texas Senate, because it was one of Patrick’s priorities this legislative session. The bill now will advance to the Senate Committee on Education. There, members can send it to the full Senate for a vote, or let the bill die.

Meanwhile, the Texas House Committee on Appropriations approved House Bill 1 last week, which included a rider stopping colleges and universities from using state funds on DEI. It now heads to the Texas House of Representatives for a vote.

Other bills in both the Texas Senate and House aim to remove DEI from the state university system. And one proposed bill would eliminate tenure for college professors as a way of dealing with those who teach “woke” ideology, such as DEI.

A Texas delegation met with Florida officials in an attempt to plan bills for introduction during this year’s legislative session, according to Henry Mack, senior chancellor at the Florida Department of Education. Mack spoke with The Epoch Times during a higher education conference in Florida hosted by the Intercollegiate Studies Institute.

When asked what advice he would give Texas lawmakers, Mack said, “Follow our bills.”

Students at the University of Florida hold signs in support of transgender rights and pose for a news photographer as part of a protest against Republican Gov. Ron DeSantis's efforts to curb diversity, equity and inclusion (DEI) programs on Feb. 23, 2023. Nanette Holt/The Epoch Times

In December, Florida Gov. Ron DeSantis ordered Florida universities to provide information on how much tax money was used to finance DEI positions and policies. It amounted to at least $34 million.

The command from DeSantis came four days after The Epoch Times documented the experiences of six students attending a major Florida university. The students said that conservative views aren’t tolerated by professors or peers and can result in bad grades and harassment. One was visited by agents with the Federal Bureau of Investigation (FBI) after he was reported as an extremist for holding conservative views.

Lawmakers in Florida currently are considering House Bill 999, which would stop colleges from financially supporting “any programs or campus activities that espouse diversity, equity, or inclusion or critical race theory rhetoric.”