Dozens of lawmakers, advocates, lawyers, and students gathered at the state capitol to protest a proposed law banning diversity, equity, and inclusion (DEI) in schools. That bill, SB120 prohibits the teaching or promoting ideas that state Republicans define as DEI. As drafted, the bill will apply to all public K-12 and any private schools receiving state funding.
SB120 is one of the most contested pieces of legislation this session. Georgia is aligning with national efforts led by the Trump administration, which recently ended federal anti-DEI initiatives, including canceling federal aid and initiating layoffs attributed to DEI. Furthermore, Georgia follows the political framework established by the conservative think tank The Heritage Foundation, a leader in the national opposition to DEI.
“The bill is so vague that if someone says, hey, that school is teaching DEI, they could lose funding, critical funding for students, it is tone deaf and an abuse of power,” says State Senator Nikki Merritt. Merritt’s concerns were not alone, as nearly a dozen speakers echoed concerns over the vagueness and subjectivity of this bill. Merritt has been the most outspoken lawmaker on the matter and is using her power to contest the state’s push towards anti-diversity efforts.
For Chris Bruce, Policy Director at the ACLU of Georgia, he sees a much darker turn on the horizon. “If this bill passes, we will see a new Georgia in many different ways. Everyone should be alarmed. This bill has revocations that are unknown.”
Bruce for several years has been pushing the ACLU to not only challenge the Trump administration, but also to challenge state law. Bruce believes that the subjectiveness of scapegoating anything as ‘DEI’ could be considered an infringement upon an individual’s First Amendment rights.
“You have a First Amendment right to free speech from the Bill of Rights, so anything that is taking away from your right that is infringed by the government is unconstitutional,” “DEI is a thought, that is carried by someone, it’s not the government’s place to infringe upon these thoughts, especially not in a classroom.”
SB120 is a supplemental bill to Georgia’s 2022 Divisive Concepts bill, HB1084. That bill penalizes teachers and institutions that teach issues related to race, racism, class, bias, and systemic barriers. This earlier legislation was also part of a national movement driven by conservative think tanks and legal organizations in response to the backlash against teaching Black History. SB120 goes a step further, allowing funding to be withdrawn from institutions and any programs or activities within those institutions.
As a result, some institutions, such as Georgia Tech, have begun dismantling ethnic programming and stopping support for organizations that anti-DEI advocates could target. Several students from Georgia Tech joined Senator Merritt on the capitol steps to voice their concerns. The bill currently does not include carve-outs for student organizations, activities, or events. This pressure may lead schools to avoid teaching unauthorized history altogether, cancel potentially ‘divisive’ events, and diminish the emphasis on their student body’s diversity, which critics contend is the main objective.
For State Senator Merritt, there is a more significant concern about what SB120 could mean for Georgia’s HBCUs. “I don’t know how our black institution could exist without talking about diversity and blackness; it makes no sense.”
Advocates seeking to stop the anti-DEI movement within the legislature focused today’s rally at the state capitol on motivating voters to contact their state reps and ask them not to support SB120. Should the bill move over after crossover day, it will likely face a similar challenge within the state House.
SB120 is being voted on alongside an additional change in the legislature via HR174. HR174 would shift the State Superintendent position from being elected to one appointed by the Board of Education and ultimately elected by the state legislature, which holds a 20-seat majority in the House and a 10-seat majority in the Senate. This change would finalize the makeover of the Department of Education that began a few years earlier with the appointment of former Governor Sonny Perdue as Chancellor.
For those hoping to stop the measure, there is only about a month left before the session ends. Merritt and Bruce have been making the rounds throughout the state House to drum up support wherever it may be. And they have their work cut out for them.
