A bill that would withhold public funding from any K-12 public school, college or university in Georgia that promotes diversity, equity and inclusion programs cleared a key committee Monday.
Lawmakers on the state Senate’s Higher Education Committee met as the sun was rising and finished voting on Senate Bill 120 around 7:15 a.m.
Bill sponsor Marty Harbin, R-Tyrone, said the measure, which passed in a 6-2 vote, would restore academic excellence and fairness at Georgia’s colleges.
“For too long, DEI initiatives have moved beyond their original intent and have become ideological filters that stifle free speech, enforcement of group identity over individual merit and promote a culture of division rather than unity,” he said.
Harbin went on to say withholding funds from institutions that promote DEI doesn’t mean lawmakers oppose diversity.
“It means we support true diversity of thought, where students and faculties are engaged in open dialect without fear of reprisal,” he said.
Atlanta Democrat Nan Orrock, who voted against the legislation, asked Harbin why the bill doesn’t mention academic freedom.
“I have not heard you speak about that, but that is long been upheld and strongly embraced here in the state of Georgia is that our campuses, our professors, our institutions, have academic freedom without political interference,” she said. “Are you familiar with that concept?”
“I understand the concept,” Harbin replied. “What I have seen and heard from constituents that there, there’s academic freedom, yes, but there’s also even fear of retaliation and … (students) fear reprisal from a teacher or from students if we don’t agree with their philosophy.”
The vote is the latest move by Georgia Republicans toward wiping out DEI policies and practices in government and education. President Donald Trump directed the U.S. Department of Justice last month to investigate and penalize private sector organizations and educational institutions that use DEI programs and receive federal funds. He also issued a letter to state departments of education and universities, ordering them to stop using DEI initiatives or risk losing federal money.
Senate Democrats aren’t likely to let the bill slip through quietly without debate, although they are in the minority.
The committee didn’t hear testimony on the bill Monday, but heard from several opponents during a hearing last week, including advocacy groups and students.
Christopher Bruce, the policy and advocacy director for the American Civil Liberties Union of Georgia, said the U.S. Supreme Court has repeatedly struck down laws that suppress speech based on a particular viewpoint. He cited a 1967 case in which the court ruled against a New York law that required teachers to renounce communism as a condition of employment.
“The court held that such laws were unconstitutionally vague and violated the First Amendment rights of educators,” Bruce said. “Just as New York’s law targeted certain political beliefs, SB 120 restricts discussions of DEI-related concepts, effectively banning certain viewpoints in an academic setting.”
Bruce warned the committee that if the bill is enacted it would face legal challenges.
Dunwoody High School senior Layla Errol introduced herself as “a proud Black student” who opposed the legislation. Errol said the bill “tries to erase our stories and our truths and send a message that the struggles we face because of our race, our gender and our backgrounds are not worthy of discussion.”
Edward Porter, a recent University of Georgia graduate, said his college experience was enriched by its DEI program.
“It really helped me grow and also helped me experience different cultural aspects,” he said. “Coming from a predominantly Black high school and transitioning to a PWI (predominately white institution), I was kind of afraid. I didn’t know how I would be able to express myself at this white institution, but the DEI program … really helped me break out my shell.”
Ari Blumberg, a transgender student at Kennesaw State University, runs a resource hub for queer students that operates without state or university funding. She asked the committee how organizations like hers would be affected.
“These groups are affiliated with the school and thus have regulations on what they can do and say,” she said. “What happens to these groups if the bill passes?”
The legislation is now likely to get a full Senate vote before Crossover Day on Thursday. Bills that don’t make it through one legislative chamber by that deadline won’t be considered for the remainder of the session.
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