Gov. Patrick Morrisey enters the Governor’s Reception Room for a press conference Thursday. (Photo by Steven Allen Adams)

CHARLESTON — Gov. Patrick Morrisey issued an executive order earlier this week to excise policies linked to DEI – diversity, equity and inclusion – from state government. But a college campus free speech organization contends that may unfairly limit what professors can teach.
Answering a question during a Thursday press conference in the Governor’s Reception Room at the State Capitol Building, Morrisey said he felt confident that any legal challenge to his DEI executive order would lose.
“Obviously, we take the time to try to get things right,” Morrisey said. “We believe we’re on strong ground. And same for everything we do. We take the time to try to do it right. And I think our batting average…was a pretty darn good batting average.”
During a press conference Tuesday, Morrisey announced the signing of eight executive orders, ranging from audits of state departments to allowing for religious and conscientious objections to the state’s school-age immunization program.
One of Morrisey’s decrees, Executive Order 3-25, prohibits the use of DEI by state departments and agencies, as well as prohibit the use of state taxpayer dollars for DEI programs.
“We are expressly sending a letter to all of our cabinet officials and agency heads, indicating that there should be review of any potential DEI that may exist within state government,” Morrisey said. “We want to have a review of recruiting, of retention, of programs, of policy, or any issue which might express an inappropriate preference for race, for sex, for national origins.”
According to the executive order, DEI is defined as “policies or practices that grant preferential treatment to or discriminate against a person based on that individual’s race, sext, ethnicity, or national origin.” The executive order states that the state and U.S. constitutions already provide protections under the law to treat everyone as equals.
According to the executive order, no state department or agency under the authority of the executive branch or entities receiving state funds would be able to grant support for DEI positions, activities, procedures, or programs. It would prohibit any person from participating in DEI training or being required to provide DEI statements to employers or declare agreement with any political, philosophical, religious, or ideological viewpoint. It would also prohibit mandates for any person disclose preferred pronouns.
Part of the executive order requires all cabinet secretaries and department heads to initiate reviews of their agencies for all DEI policies or positions and submit a report to the Governor’s Office by Wednesday, Feb. 12, identifying these DEI positions and policies, as well as any state funds, properties, or resources use to advance DEI. State departments and agencies would have an additional 60 days after Feb. 12 to propose plans to eliminate DEI programs and policies.
It is unclear how many state departments and agencies have specific DEI policies. But many state public colleges and universities have DEI programs, including West Virginia University and Marshall University.
WVU has a website page dedicated to DEI resources for students and staff, as well as a 12-person DEI division. Marshall has the President’s Commission on Diversity, Equity, and Inclusion. Federally funded higher education institutions have to comply with the Americans with Disability Act and Title IX.
“The university’s government and legal teams are reviewing the executive orders to ensure compliance,” a Marshall spokesperson said Thursday.
“Some existing accreditation and professional licensure standards include DEI requirements,” said a WVU spokesperson. “We’re currently doing our due diligence by reviewing the executive order and having conversations with members of our campus community. We’ll have a better understanding once the review is completed…We do not use any state dollars to comply with federal DEI requirements.”
A group that focuses on freedom of speech issues on college campuses believes Morrisey’s DEI executive order is too broad and could affect what professors choose to teach. The Foundation for Individual Rights and Expression (FIRE) released a statement Wednesday calling Morrisey’s DEI executive order unconstitutional.
“While efforts to eliminate both compelled speech and unlawful discrimination are laudable, Gov. Morrisey’s effort to eliminate them goes too far, resulting in state-sponsored censorship,” said Tyler Coward, lead counsel for government affairs for FIRE. “Gov. Morrisey should rescind or amend the Executive Order to make clear that it does not affect higher education classroom instruction.”
FIRE believes that a portion of Morrisey’s executive order prohibiting entities that receive state funding from mandating that any person “participate in, listen to, or receive any education, training, activities, procedures, or programming” in DEI violates the First Amendment by possibly interfering with college classroom instruction and discussion.
“…While other states’ anti-DEI efforts have included language that might protect discussions in university and college classrooms, West Virginia’s does not — instead, it applies to any agency receiving state funds,” FIRE states. “West Virginia’s public universities cannot both comply with the executive order and their obligations under the First Amendment.”
Morrisey said he believes his executive order is in compliance with the 2023 ruling by the U.S. Supreme Court that threw out race-based admissions policies in higher education, a ruling he analyzed as state attorney general.
“We were very involved on the litigation analyzing this U.S. Supreme Court decision several years ago,” Morrisey said. “When we analyzed that, we knew that there were some potential issues. And in fact, some may remember when I was down the hall, we were looking at DEI and a number of other issues where there were efforts to do DEI on recruitment and retention.”
Democratic leaders in the state have also questioned the need for Morrisey’s DEI executive order and whether it would have the reverse effect and create an environment where discrimination might flourish.
“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,” said Del. Evan Hansen, D-Monongalia, in a statement Wednesday.
“Morrisey is creating a DEI boogeyman that doesn’t exist,” said House Minority Leader Sean Hornbuckle, D-Cabell. “But his recent executive orders give us grave concern he is taking us backward and isn’t thinking about all West Virginians.”
Steven Allen Adams can be reached at sadams@newsandsentinel.com