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House committee passes bill banning state-promoted "institutional discrimination" after clarifying amendments


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House committee passes bill banning state-promoted "institutional discrimination" after clarifying amendments
CHEYENNE — The House Education Committee on Jan. 15, 2025, passed House Bill 147 on a 9-0 roll call after sponsors and committee members added clarifying amendments addressing classroom discussion and a drafting typo.

Rep. Rachel Rodriguez Williams, sponsor of HB147, told the committee the bill would prohibit government entities from engaging in practices that classify or treat people differently based on race, color, religion, ethnicity or national origin and would ban programs that promote those distinctions. "Wyoming government should not take any action that treats individual Americans differently or segregates them because of immutable characteristics," Rodriguez Williams said, framing the bill as restoring a "colorblind approach."

The bill as introduced created definitions of "diversity, equity and inclusion" and of "institutional discrimination" and proposed statutory prohibitions on government practices the sponsor described as promoting group-based moral or character judgments. The sponsor also noted a typographical error in the draft, and committee members moved to correct the language.

Several education organizations and teachers' groups testified with concerns that the bill as drafted could unintentionally curb classroom discussion and routine nondiscrimination training. "As written, I don't think it is clear," said Bridal Farmer, executive director of the Wyoming School Boards Association, noting a passage that—without change—could be read to bar instruction on court decisions such as Brown v. Board of Education or standard human-resources nondiscrimination training. Farmer recommended removing the word "not" appearing in a definition to avoid that consequence.

Tate Mullen, government relations director for the Wyoming Education Association, told the committee the association shared that concern and warned the bill could create a chilling effect that would disproportionately affect social studies and history instruction. Several students and university-affiliated speakers also urged caution; one student said the bill "sets a dangerous precedent" if it allows the state to dictate what values and ideas are permissible in classrooms.

Supporters including Moms for Liberty chapters, the Family Policy Alliance and other speakers told the committee they supported the bill because they view some DEI practices as divisive and as prescribing group identities and outcomes. "DEI sets that dream back," said Charles Curley, chairman of the Hot Springs County chapter of Moms for Liberty, referring to Martin Luther King Jr.'s line about being judged by character rather than color.

Committee members debated targeted amendments to clarify the statute's scope. The sponsor and Vice Chair Lalley agreed to remove a drafting error — the transcript records committee action to remove the word "not" on page 3, line 6 — and later the committee adopted language that separated and clarified prohibited actions. The final committee language, passed as amended, (1) prohibits governmental entities from engaging in or promoting institutional discrimination and (2) explicitly provides that "nothing in this section shall prohibit discussion and instruction." The committee also adopted an amendment to prohibit instruction that promotes institutional discrimination, while preserving classroom discussion about the underlying historical and legal subjects.

The Department of Education's representative, Dickie Shaner, said Superintendent Megan Degenfelder supports the bill and helped eliminate a DEI office at the University of Wyoming; he also recommended a drafting change to make the list of prohibited actions clearer by breaking a sentence into separate clauses.

The bill was moved by Representative Strach and seconded by Vice Chair Lalley. Committee roll call recorded Representatives Bratton (Breton in roll transcript), Erickson, Guggenmoss, Kelly, Lalley, Singh, Strack, Williams and Chairman Ocean Andrew voting "aye." The chair announced "That is 9 ayes," and declared the bill passed out of committee. The bill's effective date was set in the bill text as no later than July 1, 2025.

The amendments and robust public testimony indicate likely additional debate on the House floor and potential legal review of statutory language once the bill receives further consideration.

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