My court fight over DEI at Arizona State isn’t culture-war noise



“Who will rid us of this meddlesome philosopher?”

Arizona State University hopes the Arizona Supreme Court will. I’m confident that my case against required diversity, equity, and inclusion training raises issues far larger than one professor or one ideological program. Fundamental questions about employee rights, public accountability, and the rule of law hang in the balance.

If I succeed in showing that ASU bears legal responsibility — and that employees can hold it accountable — the implications reach far beyond one HR program.

Why would the largest state university in the country defend mandatory DEI training in court? Why would it spend thousands — likely tens of thousands — defending its “inclusive communities” training, a program that teaches employees about the alleged moral and social failures of “whiteness” and “heteronormativity”?

The answer defies common sense. Yet ASU presses forward. In doing so, it has turned what many dismiss as a culture-war skirmish into an employment-rights case with statewide consequences.

Most people hear “DEI” and instantly map the political lines. This case deserves a different reaction. Required ideological training should make any employee — left, right, or indifferent — pay attention.

First, the training relies on racial essentialism. It instructs ASU employees to view themselves and others primarily through skin color, then assigns moral weight and collective guilt on that basis.

Second, it attacks traditional Christian moral teaching, especially marriage as the union of a man and a woman.

Either flaw should have pushed administrators to retire the program long before I raised formal objections.

A third issue should unite every employee, regardless of where they stand on DEI: ASU treated this as an employment matter. The university did not admit error, revise the program, and move on. It hired Perkins Coie to defend racial essentialism. Yes, Perkins Coie — the firm widely associated with the Hillary Clinton-era Steele dossier controversy. ASU employs a full team of in-house attorneys. Why pay a nationally prominent and politically charged firm to defend a training program many already viewed as controversial — and, I argue, unlawful?

ASU’s posture gets stranger. The university has since taken down the required training, yet it continues paying lawyers to defend it in court. When this ends, Arizona lawmakers and taxpayers will want a number: How much did ASU spend on legal fees, and which administrators approved the contracts?

RELATED: Feds probe ASU for racial bias — will other universities be held accountable?

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ASU’s legal strategy aims at dismissal. The university claims I lack standing. Put plainly, ASU argues that an employee cannot hold his public employer accountable for violating state law. At that point, the dispute stops being about DEI and becomes about every employee in Arizona. If ASU wins at the Arizona Supreme Court, employees across the state lose a crucial tool for legal accountability.

Professors to my political left may sneer at my critique of DEI. They should still worry about the precedent.

Imagine a scenario pulled from their nightmares: A future administration takes over ASU and imposes mandatory ideological training from the opposite end of the political spectrum — required ICE-themed training, or MAGA-themed training. If that training violated Arizona law, those same professors would demand the right to sue. ASU’s argument would bar them. This case concerns enforceable employee rights, not just contemporary politics.

ASU’s first bid to dismiss the case failed. A lower court rejected the university’s argument. ASU appealed, and the appellate court sided with the university. That posture put the case on a path to the Arizona Supreme Court.

RELATED: A gay whistleblower just punked Colorado’s DEI machine

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Two facts matter here. The Arizona Senate and the state representative who authored the law I claim ASU violated have filed an amicus brief supporting my position. Their message is simple: A public employee has standing to hold a public employer accountable for breaking the law. The statute prohibits the kind of racial blame and collective guilt that ASU’s training promoted. The principle should not require explanation: Don’t assign moral fault to entire groups based on skin color.

So why does ASU defend this?

Because ASU does not view this fight as one training module that can be swapped out and forgotten. Race-based blame sits near the center of the contemporary left’s approach to education. If I succeed in showing that ASU bears legal responsibility — and that employees can hold it accountable — the implications reach far beyond one HR program. ASU’s initiatives aimed at combatting “whiteness” would come under scrutiny. Its embedded social justice goals face legal challenge and public examination. Students could follow with suits over race blame in a “decolonized curriculum.”

“Who will rid us of this meddlesome philosopher?” ASU really hopes the Arizona Supreme Court will.

Every employee in Arizona should watch what happens next. The outcome will determine whether public institutions answer to the law — or whether employees must comply silently, no matter what ideology administrators impose from above.

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Horowitz: A private business can discriminate based on a vaccine? Tell that to Christian photographers



“Oh, of course private businesses can collude with the government to ensure that you have no access to employment, goods, and services and are marginalized from society if you don’t share their values — don’t you know that?” Well, that line of thought being used against those who don’t want a shot comes as news to anyone following the courts and anti-discrimination cases for the past decade.

Those who think that private businesses can engage in the most odious form of discrimination and force dangerous products into people’s bodies as a prerequisite to even participate in society, let me introduce you to Judge Frank Geraci Jr. of the U.S. District Court for the Western District of New York. He ruled that New York can force Emilee Carpenter of Emilee Carpenter Photography to film a gay wedding against her most sincerely held religious beliefs.

“New York has a compelling interest in ensuring that individuals, without regard to sexual orientation, have equal access to publicly available goods and services, and that the Accommodation clause is narrowly tailored, as applied to Plaintiff, to serve that interest,” Geraci wrote in a Dec. 13 ruling.

Just how strong is this “compelling interest,” according to Judge Geraci? “As a result, even if the Accommodation clause compels speech or expressive association in a manner that implicates Plaintiff’s free-speech and free-association interests, the provision survives strict scrutiny,” concluded the judge in dismissing Carpenter’s lawsuit against the New York state government.

In other words, there is such an amazingly compelling state interest in ensuring that one out of 100 photographers doesn’t refuse service for a gay wedding that a state can downright compel you to engage in speech and activities that violate your conscience. Yet at the same time, we are told that a red state cannot tell private businesses “what not to do” by ordering them not to discriminate against workers or customers who decline to take the jab. Not only is this gross hypocrisy, but there are numerous differences that make the double standard of the court system all the more appalling.

  1. In the cases of the florists, photographers, and bakers who decline to service a gay wedding, they are not refusing to ever serve the individual, just that particular event. Contrast this to the vaccine mandates, and they are refusing to employ or serve the individual for anything.
  2. In the case of the photographer, the owner is abiding by her religious beliefs not to participate in something she finds anathema to her conscience. No such claim can be made with the vaccines, unless we are to concede that mass vaccination has become a religion. By definition, someone’s vaccination status cannot affect another human being, given that the others can obtain that amazing protection. Moreover, the shots never stopped transmission and, with the new variant, appear to cause more transmission.
  3. In the case of wedding services, the number of those declining is a minority of a minority. The culture condones homosexuality to a point where the customers could probably get discounts and better service almost anywhere within miles. Contrast this to the vaccine wars, and people without the shot are being marginalized from every aspect of society, employment, and higher education and now have the threat of inability to access life-sustaining goods, services, and treatment – including organ transplants.
  4. In the case of the gay weddings or employment of homosexuals, nobody is requiring the individuals to engage in a specific action they find offensive, as they are with requiring a dangerous shot in one’s body. The equivalent of the jab mandate for the bakers would be for a business to say you must engage in heterosexual sex in order for me to hire you or serve you. Or explained in the opposite direction, the court mandates to service gay weddings would be the equivalent of us demanding that businesses hire a certain quota of people without the jab and service events, fundraisers, and rallies fighting the jabs.
  5. In the case of the vaccine wars, the government has fostered a discriminatory culture throughout the country with billions of dollars of funding, marketing, coercing, and absolving manufactures of liability. Thus, it is not coming from a “private” concern, but clearly from the government, even when there is no direct requirement. The equivalent dynamic with gay weddings would be if the government spent billions of dollars marketing homosexuals as dangers to society, spreading HIV and syphilis, and then, when “private” businesses respond to the calling from government, asserting that “a private business can do what they want.”

But in the end, the two mandates actually are in harmony with each other in one respect: They both reek of fascism. They both require a person to actively participate in something that is anathema to his body or spirit against his will. Notice how religious conscience loses in both directions – both when the one asserting the right is an employer and when it is an employee or customer.

Now is the time for red states to pass systemic protections for people who don’t want to risk the senseless shots that are currently made moot by Omicron. The slate is not clean when it comes to private practice and discrimination law. If we are going to indulge absurd levels of anti-discrimination law – to the point of forcing Christian photographers to film two men kissing – you better believe we are going to enforce anti-discrimination law when the discriminatory behavior is senseless, is all-encompassing to the point of apartheid, and is being systematically fueled by the federal government.

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