Gov. Patrick Morrisey signed a series of executive orders in January, including a DEI ban, with the assistance of Marissa Findlay, his director of operations. (File Photo)

CHARLESTON — During a May 7 bill signing ceremony for legislation banning diversity, equity and inclusion (DEI) programs in state government, K-12 education, and higher education, Gov. Patrick Morrisey declared DEI “dead.”

But a review by state departments and agencies only found a few examples of DEI.

According to documents obtained from the Governor’s Office through a Freedom of Information Act request, 11 out of 20 cabinet-level departments and governor-appointed boards could not find any policies linked to DEI as defined by Executive Order 3-25 issued by Morrisey on Jan. 14, the day after being sworn as the state’s 37th governor.

The remaining nine departments and agencies either reported wording that could fall within the governor’s definition of DEI or policies linked to existing federal grants and funding.

Gov. Patrick Morrisey held ceremonial bill signings on May 7 in Summers County for bills banning DEI and closing loopholes for gender-affirming care for minors. (File Photo)

EXECUTIVE ORDERS

In his executive order, Morrisey defined DEI as “any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, sex, ethnicity, or national origin; any effort to promote or promulgate policies and procedures designed or implemented with reference to race, color, sex, ethnicity, or national origin; any effort to promote or promulgate trainings, programming, recruitment, retention, or activities designed or implemented with preferential treatment of any race, color, sex, ethnicity, or national origin over another.”

As part of that executive order, Morrisey required all cabinet secretaries and department heads within the executive branch to initiate a review of all DEI positions, activities, procedures, and programs and submit reports to the Governor’s Office by Feb. 13.

The review required the departments and agencies to identify any state funds, property, or resources being used for DEI. Departments and agencies were required to submit plans to the Governor’s Office by April 14 detailing how to plan to address or eliminate DEI programs.

“We are expressly sending a letter to all of our cabinet officials and agency heads and indicating that there should be review of any potential DEI that may exist within state government,” Morrisey said in a Jan. 14 press conference. “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.”

Morrisey signed Senate Bill 474 on April 30, with a ceremonial bill signing at the Summers County Memorial Building in Hinton on May 7. SB 474 eliminates DEI programs and related positions across the state’s executive branch, public schools and higher education institutions.

“When I gave my inauguration speech, I pledged to root out DEI and eliminate the woke virus from the schools,” Morrisey said. “Now I can report to you that we’re following through with that promise. DEI is dead in the Mountain State.”

ROOTING OUT DEI

According to the reports submitted to the Governor’s Office, the following departments and agencies reported having no DEI programs or policies: the Department of Tourism, the Department of Environmental Protection, the Department of Revenue, the Department of Health Facilities, the Department of Veterans Assistance, the Department of Health, the Board of Medicine, the Board of Pharmacy, the Division of Financial Services, the Water Development Authority, and the Housing Development Authority.

However, nine other executive branch departments reported items within agencies and divisions that could fall within DEI as defined by Morrisey’s executive order, or agencies and divisions with federal grants that included some form of DEI.

“Through the submitted reports required by the Governor’s executive order, our office found several examples of DEI and is pleased to see the state’s agencies and universities take steps to end them,” said Drew Galang, a spokesperson for Morrisey.

The Department of Arts, Culture and History (now being folded into the Department of Tourism), reported no DEI programs, but agencies within reported some items that could be linked to DEI. The State Arts Office renamed a goal within a strategic plan from “Ensure Access and Equity” to “Ensure Arts Access for All West Virginias.”

“No objectives under this goal relate to DEI initiatives, but the language has been changed to reflect the priorities of Gov. Morrisey,” the agency wrote in its report to the Governor’s Office.

The State Arts Office also placed an item on the April 8 agenda of the West Virginia Commission on the Arts to review and update its accessibility policy and grievance procedure – titled “Accessibility and Equity Policy” – required by the National Endowment for the Arts in order to receive federal funding.

“The policy is a broad anti-discrimination policy and does not contain any DEI initiatives,” the State Arts Office stated.

Other agencies within the Department of Arts, Culture and History, such as the National Coal Heritage Authority and the State Historic Preservation Office, reported including federal non-discrimination language within documents in compliance with Civil Rights Act of 1964, the Rehabilitation Act of 1973, Title IX, and the Age Discrimination Act of 1975.

The Purchasing Division within the Department of Administration reported that it had a program aimed at identifying and elevating women-owned and minority-owned businesses that are vendors to the State of West Virginia.

“The Department of Administration did not find any instances of DEI in our internal agency policies,” wrote Cabinet Secretary Eric Householder. “The Purchasing Division identified one section of Code that confers preferential treatment on small, women, and minority-owned businesses.”

“We found no staffing policies that could be construed to be related to DEI positions,” wrote Purchasing Division Director Samantha Willis. “However, (State Code) 5A-4-59 requires the Purchasing Division to administer a certification program for small, women, and minority-owned (SWAM) businesses and that agencies report purchases from SWAM vendors annually.

“Certification as a SWAM vendor allows those vendors to identify themselves in the bidding process and request a preference on their bid,” Willis continued. “The preference given must be the same available to a WV resident vendor.”

The West Virginia Military Authority within the West Virginia National Guard reported publishing a new West Virginia National Guard Strategic Guidance document to remove a line of effort supporting “Inclusion and Diversity,” removing a section of its Organizations and Functions Manual which included references to actions within a line of effort supporting “Inclusion and Diversity,” and eliminated a Joint Diversity Executive Council aimed at supporting diversity and inclusion programs.

The Bureau of Senior Services removed wording from its Senior Assessment and Evaluation tool that allowed people to select from seven gender choices, now only allowing two choices. Other programs also abide by federal requirements that in some cases require the bureau to provide services to non-citizens and abide by non-discrimination laws.

The Department of Commerce itself reported no DEI programs, but one of its agencies – WorkForce West Virginia – has to follow federal grant requirements for a $2.3 million Unemployment Insurance Equity Grant designed to improve access to unemployment for eligible individuals. Another agency, the Division of Natural Resources, reported its Outdoors Woman Program, though noted that men are also permitted to participate.

The Department of Human Services reported several programs funded through state and federal grants and programs, including grants to victims of domestic violence; grants to recruit foster families and adoptive homes for children in targeted demographics, such as older children, LGBTQ, minorities, and special needs; specific policies for “Indian/Alaskan peoples and tribes”; and federal Substance Abuse and Mental Health Services Administration (SAMHSA) grants.

The Office of Broadband within the Department of Economic Development (now being folded into the Department of Commerce) pointed to its $9 million Digital Equity Capacity Grant (DECG) through the U.S. Department of Commerce’s National Telecommunications Information Administration.

The DECG program is aimed at connecting unserved and underserved communities to high-speed broadband internet. The program focuses on low-income families, seniors, veterans, individuals with disabilities, individuals with language barriers, minorities, and rural residents.

“According to the U.S. Census Bureau, almost 97% of West Virginia residents fall into one or more of these population categories,” wrote A. Garner Marks, general counsel for the Department of Commerce.

Community Advancement and Development, a program within the Department of Economic Development, also administers several federal grants that include requirements to abide by federal non-discrimination laws, affirmative action plans, and requirements to contract with women-owned or minority-owned businesses in some cases.

The Department of Homeland Security reported no internal DEI programs or initiatives. But divisions within DHS also must abide by the requirements of federal funding streams. In particular, the Division of Corrections and Rehabilitation does have federal guidelines to follow to remain in compliance with the U.S. Department of Justice.

“Within (Prison Rape Elimination Act) standards there are certain requirements wherein inmates may be treated differently based on sex, gender, or identity,” the division stated. “However, this treatment is not necessarily of a preferential nature.”

The division also has an intermetal policy on transgender inmates and residents. While male inmates who identify as females are housed in male correctional facilities, they are allowed to purchase some items available for women, such as clothing, undergarments, and cosmetics.

The Department of Transportation and the Division of Highways reported no internal DEI policies, though they also pointed out they are required to follow federal funding guidelines, including non-discrimination laws.

Galang said despite these handful of examples of DEI in state government, SB 474 was still needed in order to ensure DEI stays out of how the state conducts its business.

“We have identified numerous instances of DEI and have been rooting it out of our system.,” Galang said. “Some people suggested that it didn’t exist, but that was absolutely wrong. The new law will help ensure West Virginia leads the way in treating every person the same under the law. We should not reward discrimination of any type.”

EQUAL OPPORTUNITY

Even before the passage and signing of SB 474, public colleges and universities in West Virginia began dismantling their DEI programs due to Morrisey’s executive order and executive orders from President Donald Trump, who signed an executive order on his first day in office on Jan. 20 ending DEI programs in the federal government.

“The Trump administration has made it clear that DEI will be eradicated from federal programs.,” Galang said.

Federal departments and agencies have already begun crackdowns on DEI programs, initiatives, and language. In April, the U.S. Department of Transportation sent a letter to all recipients of federal DOT funding to remind state and local governments to follow all legal requirements, including “prohibiting discrimination” and “enforcing controls on illegal immigration.”

DOT Secretary Sean Duffy said federal transportation grant recipients are required to ensure their personnel practices — such as hiring, promotions, and terminations – be merit-based and not based on policies connected to diversity, equity and inclusion (DEI). The West Virginia Department of Transportation said the department was in receipt of the letter and would fully cooperate with the federal DOT.

During his ceremonial bill signing for SB 474, Morrisey said DEI was prevalent within West Virginia, a predominately conservative state. But his executive order, Trump’s executive orders, and SB 474 signed into law will ensure that policies and philosophies tied to DEI remain outside of the state.

“Unfortunately for far too long, West Virginia – including state government and the educational system – harbored a number of discriminatory practices,” Morrisey said. “These so-called DEI practices might sound well-meaning, but they’re actually designed to divide and pit people – one set of groups – against another. We don’t think that is appropriate and I don’t think that should ever happen in West Virginia.”

Steven Allen Adams can be reached at sadams@newsandsentinel.com