"Woke no longer:" an ideological analysis of state legislation targeting DEI in higher education

Abstract

Throughout the past five years as we have seen colleges and universities in the United States increase DEI efforts, in some states, we have also seen an increase in legislation targeting these efforts. This research seeks to answer the questions: What ideologies are promoted through recent legislation that is targeting diversity, equity, and inclusion (DEI) practices and beliefs in higher education? And how are these ideologies advanced and explained within the legislation? This research utilizes theories about legislation, institutions, ideologies, color-evasive racism, equity-mindedness, and viewpoint diversity to inform a framework with which to qualitatively analyze recent legislation targeting DEI practices and beliefs in higher education. The first set of findings show that an equity-mindedness ideology is rejected by promoting evasive practices and beliefs, emphasizing individual characteristics, and prioritizing equality, rather than equity. These findings explain that an ideology rejecting equity-mindedness has important implications for limiting structural understandings of inequality and hindering progress towards equality and equity within higher education. The second set of findings show that viewpoint diversity ideology is protected and promoted through the promotion and requirement of intellectual diversity, politically neutral practices, and free speech. These findings explain that an ideology promoting viewpoint diversity has implications for targeting academic freedoms, free speech, and political ideologies that affirm DEI efforts.