State Effort to Mirror Trump Anti-DEI Policies Gets Strong Pushback

COLUMBIA, S.C. — A bill before the South Carolina state Legislature that would prevent state and local governments from doing business with entities having diversity, equity and inclusion programs was the subject of strong pushback at a public hearing in the state capital this week.

The lead sponsors of the bill are the Legislature’s Republican Speaker Murrel Smith, Majority Leader David Hiott, and Rep. Leon “Doug” Gilliam. Gilliam is a hardline conservative who previously made headlines in 2022 when, during a debate over the state’s near-total abortion ban, suggested that a hypothetical 12-year-old raped by her father could take an ambulance to Wal-Mart to purchase morning after pregnancy medication.

The bill itself, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity Act,” bars state and local governments from having DEI programs or in any other way promoting DEI policies.

To ensure that, the bill goes on to state that any entity receiving a contract or grant from the state must certify that they don’t have such programs or policies.

The introduction of the bill comes on the heels of President Donald Trump signing executive orders banning DEI initiatives at federal departments and agencies.

Though it was fast-tracked, bypassing any subcommittee review, it was the subject Tuesday of a hearing of the state House Education and Public Works Committee.

By the time the hearing wrapped up, the panel’s 18 members had listened to nearly five hours of testimony on the bill, with every single person who testified doing so in opposition to the bill.

The common thread in that testimony was that the proposed legislation simply goes too far, and would prevent the government, as well as colleges and universities in the state, from doing business with some of South Carolina’s largest employers, including BMW, Michelin and Bosch. 

Among those who spoke at the hearing was Meghan Smith, a Spartanburg, South Carolina, city council member, who was worried about how the bill might complicate municipal contracting.

As examples of initiatives that could be disrupted by the law, Smith pointed to a recently implemented recreation program for teenage boys, and a contract with a local supplier who is currently installing carpet in the city’s new administration building.

She suggested that as written, the law would force her and her fellow city council members to reject qualified contractors simply because they had instituted a DEI program as part of running their own private business.

Cost was also on the mind of Ed Madden, an English professor at the University of South Carolina, who expressed concern over the impact the law would have on flying in guest speakers to appear at the university.

The university, he explained, often uses Delta Airlines, which offers a number of low-priced flights from Columbia Metropolitan Airport.

Because Delta has a DEI policy, USC would now be barred from using Delta, even when it has the cheapest fares on any given day.

“Under this law, we would have to check with every hotel, every caterer, every restaurant, every airport shuttle, every taxi,” Madden said.

“If we just did what was in the bill, that would be scary enough,” said Steve Nuzum, a board member for the nonprofit SC for Ed.

“But the ramifications of a bill like this almost always extend beyond its actual wording, because in real life, human beings have to try to interpret what this vague language means,” Nuzum said, adding, “How could you justify being against diversity, equity, and inclusion?”

A number of the speakers were college and university students who feared the bill would spell the end of their scholarships and things like advanced placement programs.

At least one university band member worried that she wouldn’t be allowed to participate in the next Macy’s Thanksgiving Day Parade.

Also coming out against the proposed law was the South Carolina Small Business Chamber of Commerce.

“Certainly the state of South Carolina can have an anti-DEI policy for the state, but we don’t believe that the state should be coercing private business about how they handle their HR policies,” said Frank Knapp, president and CEO of the business group. “As long as HR and private businesses are not violating constitutional protections we just don’t need that. I mean, what’s next?”

Among the others who testified at the hearing were members of the LGBTQ+ community and state residents with disabilities. 

At the end of it all, the committee decided not to take any immediate action on the bill

Committee Chairwoman Shannon Erickson, also a Republican, said the body would hold a second hearing on the bill at an as-yet unscheduled date.

The Well News reached out to Gilliam for comment on Tuesday’s committee, and will update this story when and if he responds.

Dan can be reached at [email protected] and @DanMcCue