CHARLESTON – The American Civil Liberties Union of West Virginia is calling on Gov. Patrick Morrisey to rescind his executive order relating to diversity, equity and inclusion.
The ACLU-WV says Executive Order No. 3-25 “is so broadly written that it could infringe on the free speech rights of college educators and others.”
“If the governor’s office does not act quickly to correct the order, it will risk costly litigation against the state,” the ACLU said in a January 20 press release.
“Today is Martin Luther King, Jr. Day, a federal holiday, and it's important to remember that this order could silence classroom instruction about the life and views of the holiday's namesake," ACLU-WV Executive Director Eli Baumwell said in the press release.”
ACLU-WV Legal Director Aubrey Sparks echoed those sentiments.
“This hastily written executive order represents a potential violation of educators’ free speech rights enshrined in the Constitution and upheld by the U.S. Supreme Court,” Sparks said. “Not only do we believe this order to be unconstitutional, we also can't overstate the degree to which it is meant to create a state government hostile to people from marginalized communities.”
Sparks said the order, as written, also could prohibit professors from discussing or presenting arguments both for and against a wide range of topics, from the role of women in military combat to race reparations, Sparks said.
Morrisey, a Republican, signed a host of executive orders last week a day after he was inaugurated as governor, including one titled “Ordering the cessation of DEI,” which stands for diversity, equity and inclusion. The subject has been a hot-button issue for Morrisey and other conservatives, who compare it to reverse discrimination.
“We’re expressly sending a letter to all of our cabinet officials and agency heads and indicating there should be a review of any potential DEI that may exist within state government,” Morrisey said during a January 14 press conference. “We want to have a review of recruiting, of retention, of programs, of policies or any issue which might express an inappropriate preference for race, for sex, for national origin, some of these classes that have been used and manipulated in the past.”
Morrisey also mentioned his DEI plan during his January 13 inaugural address.
“We will eliminate the woke virus from the schools,” Morrisey proclaimed, garnering a loud cheer from the inaugural crowd. “And that means starting now, there will be no more DEI, no more radical agendas, no more brainwashing, no more confusion about the differences between boys and girls.
“Under my administration, West Virginia schools will be for learning, not social experiments.”
The next day, Morrisey again said his administration will push for strict definitions of man and woman via legislation.
“Men are men, and women are women,” Morrisey said. “And we plan to work with the Legislature to introduce legislation classifying that under law.
“I think that’s common sense and long overdue.”
Morrisey’s office did not return repeated requests by The West Virginia Record for comment on the ACLU request.
Last week, the state Democratic Party condemned Morrisey’s executive orders regarding DEI and non-medical exemptions to state vaccination laws, calling them "not only short-sighted but also mean-spirited, posing significant risks to the health and unity of our communities."
“Governor Morrisey was elected to serve all West Virginians," State Democratic Party Chairman Mike Pushkin said. "Instead of focusing on divisive dog whistle issues, Governor Morrisey should prioritize uniting our state by addressing the real challenges we face, such as job creation, education, and healthcare.
“Furthermore, introducing non-medical exemptions to vaccination requirements endangers public health. West Virginia has long been recognized for its effective vaccination policies, which have protected our children from preventable diseases. Eroding these safeguards will inevitably lead to increased illness and suffering among our most vulnerable populations.”
Delegate Evan Hansen (D-Monongalia) questioned the DEI executive order.
"Racism still exists, and if you want to eliminate DEI paperwork, then tell us how you plan to address racism and ensure everyone has equal opportunities for jobs," he said.
Delegate Shawn Fluharty (D-Ohio) also was critical.
"The state’s ongoing poor outcomes happened while Morrisey was part of the supermajority’s rule in West Virginia," Fluharty said. "Yet, for the past 10 years we rank 50th in job growth rate, 49th in personal income, 49th in workforce participation and dead last in infrastructure. His executive orders demonstrate that he would rather bring back polio before bringing back jobs.
"It’s clear he keeps repeating the term ‘woke’ to distract the fact that he and the supermajority have been asleep at the wheel for a decade.”
Minority Leader Sean Hornbuckle said Morrisey "is creating a DEI boogeyman that doesn’t exist."
"But his recent executive orders give us grave concern he is taking us backward and isn’t thinking about all West Virginians," Hornbuckle said.