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The Kentucky Attorney General issued an opinion on Thursday stating that some higher education diversity, equity and inclusion practices violate the U.S. Constitution and the Civil Rights Act, The Lexington Herald-Leader reported.
Specifically, Attorney General Russell Coleman, a Republican in his first term, deemed it unconstitutional for the Kentucky Council on Postsecondary Education to use the number of degrees conferred to minority students as a metric for evaluating and allocating funding to public universities. In the opinion, Coleman extensively cited the U.S. Supreme Court’s 2023 decision prohibiting affirmative action in admissions.
Coleman’s opinion is not tied to a specific case and thus will have no direct ramifications on university operations. Jennifer Decker, a Republican state legislator who is sponsoring anti-DEI legislation, requested the opinion.
It follows the state senate’s passage of an anti-DEI bill last month.
