Nebraska anti-DEI bill sparks passionate comments

Dozens of Nebraskans lined the rows and walls of Room 1525 at the Nebraska Capitol, waiting to testify during the Education Committee hearing Tuesday, Feb. 13.

The hearing, lasting late into the night, saw more than 70 people testify in-person and more than 500 people submit online testimony about LB 1330, a bill aimed at eliminating some diversity, equity and inclusion – better known as DEI – programs for public educational institutions.

“This ban is an erasure of the soul and essence of people from racially marginalized groups and other marginalized communities,” said Kipp McKenzie, an educator from Omaha.

LB 1330, introduced on Jan. 17 by Sen. Dave Murman of Glenvil, has gained national attention. Luke McDermott, chairman of the Association of Students of the University of Nebraska Government Liaison Committee at the University of Nebraska-Lincoln, said he has had scores of students and faculty approach him concerning their fear of LB 1330 and what might happen if it becomes law.

McDermott isn’t the only person to feel fear.

“We finally have places where we can be safe, supported, understood and seen,” said Keelie Strating, a Black, transgender student at the University of Nebraska-Lincoln from a small, predominantly white hometown. Strating expressed concern regarding harm this bill would do to young people of marginalized communities who currently benefit from DEI programs.

“This bill would rip all of them away from us, making our campuses and our schools dangerous, leaving us vulnerable, defeated, lonely and most importantly, scared,” Strating said.

Helen Fagan, a Nebraska educator, said fear isn’t just a consequence of the bill, but fear is at the heart of the bill.

“While I do not know the true reason that led you to introduce LB 1330, I do know that often fear is, the unknown is, at the heart of such a battle,” Fagan said. “And this fear undermines and attacks people like me, a proud Nebraska taxpayer since 1992.”

However, Murman said his bill is the trend of the future. He acknowledged the history of discrimination marginalized communities have faced, but said he believes the bill will promote equality by only judging people based on merit.

Sixty-two people testified against LB 1330, many of them college students.

However, two university students supported the bill–Olivia Nelson, who attends Doane University, and Ethan Friedman, who attends UNL.

Nelson said, “At the heart of this bill lies a fundamental commitment to preserving the integrity of education as a forum for free inquiry, critical thinking and open discourse.”

Another proponent for LB 1330, Doug Keagen, said DEI stands for division, exclusion and indoctrination. According to Keagen, instead of focusing on racial and ethnic differences, universities should encourage a diversity of viewpoints and political beliefs, especially conservative beliefs.

Others who argued in favor of the bill defined equity as intrinsically unequal.

“The idea that one's position in life, or their success or failure, is because they are oppressed or are oppressors, is based on their ethnicity, sex or some other characteristic they have no control over, is characteristically wrong-headed and has no place in government-sponsored organizations, particularly public schools,” said Ralph Tate, testifying for LB 1330.

Students aren’t the only ones who harbor fear over the consequences of LB 1330 becoming law. Many members of the community, including representatives from the Lincoln and Omaha NAACP branches, ACLU Nebraska, Out Nebraska and Nebraskans Against Government Overreach spoke in opposition of the bill.

One of their main concerns: brain drain. Nebraska has been experiencing high rates of brain drain, the loss of educated people moving to other states, and if LB 1330 is signed into law, some Nebraskans worry more people will leave the state.

“They are afraid to come back to a place that they think doesn't value them,” Jeannette Eileen Jones, a speaker against the bill, said.

“Had I known this was happening, I probably would have left two years ago and went back to New York because I know I wouldn't have had this issue,” Jones later added.

On top of students taking their knowledge to other universities, Ricki Barber, the secretary of the NAACP Lincoln branch, thinks athletes will take their talents elsewhere.

“The transfer portal is a real thing,” Barber said. “And our Black athletes are watching what happens here.”

For others who oppose the bill, it’s not just about brain drain; it’s the effects the loss of DEI programs will have on higher education.

“We know that educational disparities exist among the various student populations, particularly whenever we're thinking about ethnic and racial minorities,” Crystal Garcia, a professor of the history of higher education at UNL, said. “So over time, educators have worked towards understanding those disparities, and how we can bridge the gap to essentially close those disparities.”

One of the key recommendations of the 2023 Nebraska Higher Education Progress Report was to “Increase the percentage of high school graduates who enroll in college immediately after high school graduation, particularly among low-income Black, Hispanic, Native American and White males.” According to the progress report, this goal is based on observed shortcomings of Nebraska secondary education.

Garcia said the report identified the need for initiatives that target certain populations, and DEI programs do exactly that.

Students said they don’t think people of color will feel comfortable at public educational institutions if there aren’t any programs to support them or any trainings that faculty are required to take.

McDermott said he doesn’t think Murman had any malice in his heart when he drafted and introduced the bill, but the spirit of the bill itself is unwelcoming.

“There's no way to amend out the hate that is inherent in that bill,” McDermott said.

Many testifiers also raised concerns about UNL’s accreditation.

“If these programs are not accredited, the university and Nebraska system will quickly decline in the caliber of faculty, followed quickly by the loss of students attending, which leads young people to move out of the state,” said Jessi Hitchins, executive director of the Gender and Sexuality Resource Center at the University of Nebraska-Omaha.

However, in his closing, Murman pointed out that other state universities that don’t have DEI programs still have their accreditation, including the University of Texas.

According to “The Chronicle of Higher Education,” over the past two years, nine anti-DEI bills have been signed into law.

Because of how many anti-DEI bills have been signed into law, Garcia called LB 1330 a “copy and paste bill,” which repeats language that appears in other states’ anti-DEI bills and laws.

“This is a larger plan to control education,” Garcia said.

In his closing remarks, Murman also reiterated that the bill has no language referring to DEI programs that address disability, immigrants or first-generation students. Additionally, sexual harassment training would be protected under the bill.

“It’s all about equality of opportunity, not equality of outcomes,” Murman said, concluding his testimony.