Diversity, equity and inclusion: The new American battlefield

This month, the Supreme Court of the United States (SCOTUS) will decide whether or not colleges and universities can continue to consider race as part of their student admissions decisions. Some have predicted that members of the high court will overturn well-established precedent and eliminate the important tool of affirmative action, which provides an equal playing field for all people seeking to access higher education. 

If the court rules that race-conscious admissions are no longer necessary because it is allegedly racist toward White and Asian people, the outcome will have far-reaching impacts and will result in continued decreases in diversity in secondary education. It will be devastating for minorities, and will further exacerbate the cultural divisions and increase the racial wealth gap that exists in our country.

A Supreme Court decision to dismantle affirmative action would arrive in the midst of an escalating attack on diversity, equity and inclusion (DEI) from the far right: Republican lawmakers in 19 states have taken up legislation to limit or block university DEI programs; Florida’s Gov. Ron DeSantis has waged a campaign to dismantle and defund DEI initiatives; and the Texas legislature is approving a new $300 billion state budget prohibiting university spending on DEI. I myself experienced a painfully personal connection to this attack on DEI in higher education, after my attempt to de-escalate a verbal skirmish between a conservative federal judge and student protestors at Stanford Law School went viral in right-wing media.

Donna Brazille wrote, “Diversity means having people of different genders, races, ethnicities, sexual orientations and other demographic categories in jobs and schools. Equity refers to opening up opportunities for different types of people to succeed and get their fair share of the American Dream. Inclusion requires creating conditions at work and school where all types of people feel welcomed, valued and able to make their voices heard.” As much as DEI efforts serve to promote a fair society, there is much effort, resources and political capital being spent trying to dismantle DEI programs and destroy DEI policies and positions.

Dismantling these programs and policies will not end the political and cultural wars, nor heal the wounds those battles have left upon the body politic. The vehement and vitriolic fight to destroy DEI is itself fueled by fear and flamed by hostility to change. Now more than ever, those who believe in diversity, equity and inclusion, and who believe that these values are actually fundamental to our country’s founding and future, must vigorously and vocally defend DEI programs.

There are legitimate criticisms of DEI programs and policies, and like all programs aimed at supporting greater equality, fairness and access for all people, there should be honest evaluation to align the intentions to the impacts, through clarity, transparency and regular evaluation. However, destroying DEI programs, policies and positions will do nothing but keep people divided, physically and ideologically, and maintain a culture of distrust between people of different backgrounds who, when given a chance to connect, to talk to each other, and to learn each other’s stories, would find far more in common than different about our shared hopes and dreams. 

Educational leaders can and must better define their DEI programs, policies, practices and positions, to better describe the purposes, goals and processes, including assessment and course corrections. Education leaders can and should recognize the value DEI programs provide for all students in their institutions. That includes unapologetically supporting programs that explicitly reduce barriers and provide support for students from groups that have been explicitly excluded from participation because of their cultural identity. Making amends and accountability for past mistakes are also fundamental components of American ethos and values.  

Tirien Steinbach is an attorney who has served as associate dean for diversity, equity and inclusion at Stanford Law School as chief program officer at the ACLU of Northern California; in 2017, she launched the Coalition for Equity and Inclusion in Law.