Judge Blocks California Colleges' Inclusion Rules

On Tuesday, a federal judge suspended the enforcement of the diversity, equity, and inclusion (DEI) rules within the California Community Colleges system, reported The Daily Caller.

As outlined in a May memo from California Community Colleges leaders, the DEI rules were designed to assess whether employees demonstrated proficiency or progress toward proficiency in areas such as diversity, equity, inclusion, and accessibility.

However, U.S. Magistrate Judge Christopher D. Baker of the Eastern District of California expressed concern that these rules might be at odds with the protections afforded by the First Amendment.

In his injunction, he stated: "Plaintiff has shown a likelihood of success on the merits that the regulatory scheme Defendants have put in place to advance these interests is contrary to the First Amendment's guarantee of freedom of speech in the academic arena."

The legal action leading to this ruling was initiated by Bakersfield Community College professor Daymon Johnson, who filed the lawsuit in June. Johnson claimed Matthew Garrett, his colleague, risked termination for his political views. So, Johnson sought an injunction against DEI rules.

In response to the judge's decision, the California Community Colleges Chancellor's Office told the Daily Caller, "We strongly disagree with the recommendation by the magistrate and will have a more detailed response within the next 14 days."

The office emphasized the importance of fostering diversity, equity, inclusion, and accessibility, asserting that proficiency in these areas among faculty and staff contributes to a safer, more inclusive, and effective learning environment.

This legal battle is not isolated, as another case challenging California Community Colleges' DEI rules is underway.

In August, The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on behalf of six professors, aiming to bar the state from mandating the inclusion of DEI rules in their classrooms.

The professors argue that DEI rules compel them to endorse "anti-racist" concepts, violating their First and 14th Amendment rights.

"These regulations are a totalitarian triple-whammy," FIRE attorney Daniel Ortner said in a FIRE press release. "The government is forcing professors to teach and preach a politicized viewpoint they do not share, imposing incomprehensible guidelines, and threatening to punish professors when they cross an arbitrary, indiscernible line," reported the Daily Caller.

In a broader context, Republican-led states have taken legislative actions against DEI.

In June, Texas Gov. Greg Abbott signed a bill prohibiting funding for DEI at public universities. In May, Florida Gov. Ron DeSantis signed a similar bill. South Carolina's Republican legislature initiated a DEI inquiry at state colleges, mirrored by an investigation in Arkansas, prompting the University of Arkansas to close its DEI offices preemptively.

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