Bad Faith Noncompliance: Virginia Schools Flout Supreme Court And Trump With DEI ‘Rebrand’

Just over a year ago, President Trump issued two executive orders banning destructive diversity ideology (a.k.a. “DEI” or “diversity, equity, and inclusion”) from the federal government and its contractors, including colleges and universities. The EOs sought to restore merit as the basis of hiring, advancement, and college admissions.

Both EOs reinforced prior actions by the president as well as by the Supreme Court: In his first term, Trump signed EO 13950Combatting Race and Sex Stereotypes, which banned divisive concepts based on race and ethnicity, a measure duplicated in many states; and in June of 2023, the Supreme Court decided Students for Fair Admission v. Harvard (“SFFA”)which found that diversity rationales for racial preferences in admissions were themselves discriminatory and therefore unlawful.

Notwithstanding these major legal developments against DEI, colleges and universities, especially in Virginia, are continuing business as usual to promote it, albeit under different names, a move known as rebranding. “To avoid scrutiny,” said one official at the University of Virginia, diversity offices are now called offices for “community and belonging,” while “queer brunch” is now marketed as “cozy brunch.” At George Mason University, the DEI office is now called the Office for Access, Compliance, and Community—same staff, same stuff. They do this even though Trump’s EO explicitly banned rebranding, stating such programs are illegal “under whatever name they appear.”

Obviously, bad actor schools are engaged in bad faith noncompliance.

In this 250th anniversary year of America’s founding, we should remember that the word “diversity“ is absent from our foundational documents: it does not appear in either the Declaration of Independence or in our Constitution.

How, then, did “diversity” become so ubiquitous—in education, government, and corporate America—and what does it really mean?

“Diversity” is in fact a top-down, divide-and-conquer strategy pitting Americans against each other based on race, ethnicity, and sex (and now including “gender” and gender ideology). It distracts from—and detracts from—talent and excellence, actually encouraging racial discord as everyone must have skin color or race in mind, rather than achievement or moral character. Accordingly, it destroys nations. Only corrupt politicians, owned and controlled by anti-American handlers, could parrot the lie that “Diversity is our strength.”

Many date the debut of diversity ideology from the 1978 Supreme Court case, Regents of the University of California v. Bakke, where the medical school of the University of California at Davis had a special admissions program reserving 16 of its 100 open spots for minorities, often with lesser qualifications than white applicants, such as complainant Allan Bakke. Supreme Court Justice Lewis Powell announced in this opinion that “diversity” was a legitimate governmental interest. But he and the other justices rejected the medical school’s rigid quotas to get there—insisting, instead, that race should be one of many different criteria for admission even while stating that “racial and ethnic considerations are inherently suspect” under the Constitution.

These ambiguities guaranteed more fights about the role of race in college admissions and elsewhere.

In 2003, the Court made matters worse in Grutter v. Bollinger, where Justice Sandra Day O’Connor elevated “diversity” from a permissible state interest to a compelling one, finding that the University of Michigan law school’s racial preferences in admissions were lawful, provided they were tailored and individualized.

Historically, “compelling state interests” concerned public safety, national security, or the protection of minor children. With no history, tradition, or textual basis to do so, the Grutter Court not only shoved diversity onto this list but also put it above a citizen’s right to equal protection of the law guaranteed by the Constitution’s Fourteenth Amendment. For this reason, many called the decision illegitimate. In practice, this case was the official government stamp of approval for discrimination against Christian, heterosexual men of European descent, as they are the only demographic said not to contribute to diversity.

Keep reading

Unknown's avatar

Author: HP McLovincraft

Seeker of rabbit holes. Pessimist. Libertine. Contrarian. Your huckleberry. Possibly true tales of sanity-blasting horror also known as abject reality. Prepare yourself. Veteran of a thousand psychic wars. I have seen the fnords. Deplatformed on Tumblr and Twitter.

Leave a comment