By Jessica Holdman
COLUMBIA — If South Carolina legislators pass legislation meant to strip diversity, equity and inclusion initiatives from state and local governments, the impact could stretch far beyond the halls of public colleges and state agencies, opponents warned Tuesday.
The University of South Carolina might have to back out of a longstanding contract with Barnes & Noble, which runs the bookstore on the Columbia campus.
School districts might have to cancel Scholastic book fairs, contracts with US Foods for the meals they serve in cafeterias and the PowerSchool software used by districts statewide.
And government entities could be barred from doing business with some of the state’s largest manufacturers employing thousands of South Carolinians, such as Milliken, BMW, Michelin and Bosch.
That’s because the bill not only bars diversity, equity and inclusion (DEI) programs from all government bodies in South Carolina — including state agencies, city councils, and school districts — it would prohibit them from contracting with any company with DEI programs. Even the subcontractors would have to certify they don’t operate such programs.
The legislation is a nod to executive orders signed by President Donald Trump banning DEI initiatives at the federal level. Those orders are currently facing legal challenges over their constitutionality, and opponents warned South Carolina could face a similar fate if the bill is passed.
The bill, chiefly sponsor by GOP Rep. Doug Gilliam of Union County, is co-sponsored by all but 10 of the House’s 88 Republicans. But it’s not going anywhere fast, despite skipping the subcommittee level.
The full House Education and Public Works Committee took no vote after nearly five hours of testimony Tuesday from college students, professors, and K-12 teachers, as well as advocacy organizations representing women, LGBTQ+ people, racial minorities and South Carolinians with disabilities.
Every person who testified opposed the legislation. None of the speakers were in favor.
In booking flights for business travel or guest speakers, English professor Ed Madden asked whether the legislation would ban USC buying a ticket from Delta Airlines, even if it has the cheapest fares? Delta has a DEI policy.
“Under this law, we would have to check with every hotel, every caterer, every restaurant, every airport shuttle, every taxi,” Madden said.
Spartanburg City Council member Meghan Smith wondered whether the city would be forced to back out of a contract with a local supplier laying carpet in its new administration building or cancel a new recreation program for teenage boys.
“Should we as a city be forced to hire or to reject a qualified, cost-effective contractor simply because they have a DEI program within their own private business?” Smith asked.
Schools may no longer be able to offer Advanced Placement courses, the afternoon school program known as Girls on the Run, or participate in the Macy’s Thanksgiving Day Parade.
“That part (of the bill) has massive implications that would take an exorbitant amount of time and money for school districts to come into compliance with this law, as so many companies that we partner with have DEI policies in place because it’s best practice,” said Lacey Lane, a counselor in the Fort Mill school district.
“Our focus should be on strengthening education, not restricting efforts that help all students thrive,” added Katherine Gutteridge, a mother of two children who attend Fort Mill public schools.
A broader bill
Past efforts by South Carolina legislators to restrict DEI initiatives have been far narrower.
A bill passed by the House last session would have barred public colleges from factoring applicants’ political stances into hiring, firing and admission decisions. It also barred colleges from requiring training or a statement of support from applicants regarding diversity, equity, inclusion, “or other associated political issues.”
The Senate never took up that measure, and it died with the end of session.
This latest bill, named a priority by House GOP leadership, goes beyond public colleges to include hiring practices and spending at every state agency, public school district, city and county statewide.
It says race, sex, color, ethnicity, gender, or sexual orientation cannot be a consideration when making employment decisions, and a person cannot receive “special benefits” based on those factors.
Contractors and subcontractors who want to do business with any of those government entities must first “certify that they do not operate any programs that promote equity, diversity, and inclusion.”
And while previous proposals allowed college DEI offices to stay in operation, the current legislation would do away with them.
“I just want everybody to get treated fair. Nobody gets an advantage over another person,” Gilliam, the bill’s lead sponsor, told the SC Daily Gazette. “Everybody should prosper based on merit, good character, hard work, that kind of thing.”
The Buffalo Republican gave the example of two people who take a test. He said the choice should be based on scores. A person who scored lower should not be chosen because they are of a certain age, race or gender.
What is DEI?
But many who testified said that misses the point of DEI initiatives, which are not about promoting a less qualified individual.
DEI, they said, ensures members of minority populations who are equally qualified are not passed over for opportunities.
It’s also acknowledging certain populations, by no fault of their own, don’t always have the same advantages as those in the majority and taking steps to combat those disadvantages. And finally, it’s recognizing how listening to those with differing life experiences can better inform an issue.
Josh Malkin, a former middle school math teacher talked about the Black, Honduran and Vietnamese students he taught in New Orleans. A boy named Tim loved science, Malkin said, but didn’t have a support system because his siblings were all in prison and his mother couldn’t read.
“Their obstacles were different from mine. They could not access so many things I took for granted: consistent health care, consistent shelter, consistent food,” he said.
Matthew Butler of the ACLU said DEI programs bridge gaps so opportunity is based on ability, not systematic barriers. He said the proposed bill “takes a sledge hammer to these efforts, ignoring real social disparities.”
For colleges, there are carve outs in the legislation related to academic courses, research, registered student organizations and guest speakers. There’s also a clause saying it does not apply to matters of constitutionally protected free speech.
But those exceptions did little to assuage the fears of students.
One after another, first-generation college students — a Latina freshman mechanical engineering major from Beaufort, a Vietnamese senior biological sciences major from Greenville, a Black sophomore double majoring in real estate and economics — stood to speak about the minority student organizations they are members of.
The students worried these groups, such as the USC chapter of the NAACP and the Vietnamese Student Association — which have become so essential to their college experience, sense of belonging and future job opportunities — would be banned from operating.
Ultimately, the House committee adjourned the hearing without taking any action on the bill. Committee Chairwoman Shannon Erickson, R-Beaufort, said the panel intends to hold a second hearing at an unspecified later date.
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