(The Center Square) - Arizonans will vote on a constitutional amendment that restricts state institutions from using diversity, equity and inclusion for hiring practices and training programs.
In June, the Arizona Legislature passed House Concurrent Resolution 2044, a proposed constitutional amendment that prohibits public institutions from requiring employees, students or contractors to support or participate in DEI-related initiatives as a condition for admission, employment or certification.
House Speaker Steve Montenegro, R-Surprise, sponsored HCR 2044.
Matt Beienburg, director of education policy at the Goldwater Institute, told The Center Square this week that HCR 2044 presents a “groundbreaking opportunity” for Arizonans to “enshrine permanent protection against race-based discrimination” in the state Constitution.
HCR 2044 would prevent public institutions from having “discriminatory policies that treat students or applicants differently based upon race” or “compel students or [state] employees to endorse race-based discrimination or tenets of these discriminatory ideologies,” Beienburg said.
The Goldwater Institute, which supports HCR 2044, is involved in a legal case on behalf of Owen Anderson, a professor who teaches philosophy and religious studies at Arizona State University.
Anderson sued the Arizona Board of Regents after he said he was forced to attend mandatory DEI training. The case is currently at the Arizona Supreme Court to determine if he has legal standing to sue the board.
In 2010, Arizona voters passed Proposition 107, which banned state institutions from using affirmative action in hiring practices. Nearly 60% of Arizona voters supported the proposition. Montenegro also sponsored this resolution.
Even with this proposition, Beienburg said, the Arizona Constitution still allows for discrimination based on race when working with the federal government.
Having this clause allowed Arizona to remain eligible for federal funds, he added.
Beienburg said the constitutional amendment would close the existing loophole.
According to the Goldwater Institute education expert, HCR 2044 does not affect private entities or people’s First Amendment rights.
HCR 2044 does not prohibit students from taking a DEI course or prevent a school from offering one, Beienburg noted.
Schools will still be allowed to teach students about slavery, the Holocaust and the removal American Indians from their native lands, Beienburg said. But he added that schools can’t force students to take these classes as a graduation requirement.
“Arizonans don’t want to be segregated, divided, classified and treated differently based upon race,” he said.
The Center Square reached out to the Arizona Education Association, the state’s biggest teachers’ union, but did not hear back before publication time.
