West Virginia Governor Bans DEI by Executive Order

Patrick Morrisey, then-attorney general of West Virginia, speaks at an event in Inwood, West Virginia., on Oct. 22, 2018. Win McNamee/Getty Images

West Virginia Gov. Patrick Morrisey, on his second day in office, banned diversity, equity, and inclusion (DEI) initiatives at all public institutions in the state through executive action.

“Theories of DEI are contrary to equal protection guarantees of the West Virginia and United States Constitution,” reads one of the eight executive orders Morrisey issued Tuesday. “It is in the interest of the citizens of West Virginia that the State government treat them as equals under the law instead of preferentially or discriminatorily based on race, color, sex, ethnicity, or national origin.”

The order prohibits state institutions from using public funds or resources to support DEI-related programs, staff positions, or initiatives. It also bans requirements for anyone to undergo DEI training, pledge support for DEI causes, or disclose their “preferred pronouns.”

State agencies and institutions must also identify if any of their existing policies and positions promote preferential treatment of people “based on the theories of DEI.” They must submit a plan within 90 days for how they will eliminate such practices.

West Virginia joins a growing list of Republican-led states taking similar measures against DEI initiatives in public institutions, including colleges and universities.

In 2024, Alabama, Iowa, and Utah banned DEI offices at public colleges, following the lead of Florida and Texas. In addition, Idaho, Indiana, and Kansas last year prohibited colleges from requiring prospective students and employee candidates to submit so-called “diversity statements,” which typically ask them to describe how they can contribute to the institution’s DEI goals.

DEI initiatives gained a great deal of traction after 2020, following the death of George Floyd and subsequent debate on race and racism. Proponents argue that these programs can help level the playing field for those from historically underrepresented backgrounds, while critics contend that they wrongly prioritize factors such as race or gender over qualifications and deprive otherwise more deserving candidates of education and job opportunities.

At their peak, DEI-related goals were incorporated into the missions of leading universities and some of the country’s largest corporations. However, recent months have seen a retreat, with companies such as Walmart, McDonald’s, and Meta having scaled back their focus on such initiatives.

Earlier this month, an internal memo from Meta revealed the company’s decision to drop DEI practices in hiring, development, and procurement, citing a changing “legal and policy landscape” around DEI in the United States.

“The Supreme Court of the United States has recently made decisions signaling a shift in how courts will approach DEI,” the memo states. “The term ‘DEI’ has also become charged, in part because it is understood by some as a practice that suggests preferential treatment of some groups over others.”

The memo likely refers to the Supreme Court’s June 2023 ruling, which declared it unconstitutional for colleges to consider a student’s race in admissions to create a racially diverse student body. While the decision directly affects academic institutions, it has prompted several state attorneys general to warn Fortune 500 companies that race-based preferences in hiring or contracting may violate federal and state anti-discrimination laws.