Idaho universities accused of flouting state DEI ban; complaint filed with state AG 

A conservative think tank is asking Idaho’s attorney general to investigate whether public colleges and universities are skirting the state’s ban on diversity, equity and inclusion-based coursework.

The Goldwater Institute sent a letter last week to Idaho Attorney General Raul Labrador requesting an investigation into alleged violations at Boise State University, Idaho State University, the University of Idaho and Lewis-Clark State College.

Idaho’s DEI ban, which took effect in July, allows required DEI-related courses only in majors that explicitly reference race or ethnicity in their titles, such as women’s studies. However, the state Board of Education issued guidance that the institute says effectively weakens the law.

Under the board’s guidance, only courses in which 90% or more of the content is focused on DEI are subject to the ban. The guidance also allows exceptions based on course descriptions rather than course titles, significantly expanding the number of majors permitted to require DEI-related coursework.

“A lot of these are in counseling, social work or sociology, majors that really shouldn’t be requiring any of these courses,” Stacy Skankey, staff attorney for the Goldwater Institute, said in an interview with The Lion.

The Idaho State Board of Education didn’t respond to a request for comment from The Lion.

“To protect academic freedom” 

Supporters of the ban say it was intended to prevent taxpayer funding of DEI programs at public universities and to protect students from ideological indoctrination.

“The law is made to protect academic freedom as well as protecting the students’ rights and their First Amendment rights so that they are not compelled to hear this material, especially when it is completely unrelated to the degree,” Skankey said.

She said the issue was identified through work by the Idaho Freedom Foundation, which partnered with Goldwater on the complaint. Labrador’s office is required to review the evidence presented.

“They confirmed they’ve received our letter,” Skankey said, adding the attorney general could pursue civil penalties or litigation if violations are substantiated. “He’s a Republican AG, so historically we think that he would be favorable and open to pursuing any action if he confirms our findings.”

Labrador’s office did not respond to a request for comment.

Cases in other states 

Skankey pointed to a similar case last year involving the University of Kentucky, where the school changed its policies after being found in violation of a state anti-DEI law.

“We notified them of violations and told the AG to pursue an action, and then the university changed their guidance so that they were complying with the law,” she said.

The institute also is pursuing a case involving Arizona State University, where a professor was allegedly required to take a course using the terms “blame” or “judgment,” which Skankey said are commonly associated with DEI concepts – despite a state ban that exempts government employees from such requirements.

Many institutions have come under scrutiny for ignoring or attempting to circumvent the federal ban on DEI programs implemented after President Donald Trump returned to office last January.

Earlier this month, America First Legal filed a complaint against Washington University in St. Louis, alleging it continues DEI practices despite federal restrictions tied to funding. The complaint calls on the Justice Department to open a formal investigation.

Trump has signed executive orders aimed at restoring “merit-based opportunity” over preferential treatment based on race.