On Thursday, Dec. 14, The Racquet Press received information regarding a legal demand brought against the University of Wisconsin-La Crosse.
The demand came after Young America’s Foundation (YAF) applied to become a recognized organization at UWL, but was denied due to the lack of a diversity and inclusion (D&I) statement in its bylaws. This statement became a requirement in 2021 by UWL’s Student Association (SA) in its resolution SA2021-040. The D&I statement reads:
“The University of Wisconsin-La Crosse [Organization Name] recognizes and values the diverse identities, backgrounds, and beliefs of our faculty and of the University of Wisconsin-La Crosse student body. Our definition of diversity includes, but is not limited to ability, age, class, documentation status, gender identity, language, military status, nationality, race, religion, and sexual orientation. We are committed to providing and promoting an environment free of prejudice by addressing issues of equity and justice in our community, and we support the success of marginalized identities.”
According to the YAF website, the organization is “the leading organization for young conservatives, helping students find support, promote conservatism, and take action.”
Representing YAF are the Wisconsin Institute for Law & Liberty (WILL) and Mountain States Legal Foundation (MSLF). In an email sent to UWL’s Program Coordinator for Student Organizations, Kyle Hutson, University Centers Director, Kyle Burke, and Universities of Wisconsin (UW) General Counsel, Quinn Williams, WILL and MSLF stated, “compelling YAF to endorse the ‘inclusivity statement’ violates YAF’s and its members’ clearly-established rights to freedom of speech and association under the First Amendment, and thus subjects you to individual liability under 42 U.S.C. § 1983.”
The email stated how UWL’s D&I statement forces YAF to assert beliefs they do not believe. One aspect of the D&I statement mentioned in the email was sexual identity. “The requirement that YAF state that it ‘recognizes and values . . . diverse . . . gender identit[ies]’ asks student groups like YAF to deny biological reality.”
The email continued, “Since the term ‘gender identity’ is generally used in contexts where it is contrasted with individuals’ objectively ascertainable biological sex, to ‘recognize’ a gender identity is tantamount to a statement of actual belief that a person asserting a cross-sex gender identity is in fact the sex they assert themselves to be.”
Additionally, the email sent by WILL and MSLF stated, “forcing YAF to mouth a commitment to advancing the interests of individuals who lack ‘documentation’ to be legally present in the United States, requires them to state opposition to the enforcement of valid immigration laws.”
It continued, “the extent the University is compelling YAF to state that it ‘recognizes and values the diverse . . . beliefs of [UWL] faculty,’ it is potentially forcing YAF to assert an untruth.” Finally, the email stated, “forcing a student group to express that it is ‘committed to . . . addressing issues of equity and justice,’ is a naked attempt to force it to mouth support for race-conscious policymaking in the University setting and at a broader social level.”
After stating its claims, WILL and MSLF demanded that UWL remove the D&I statement requirement since it goes beyond the non-discrimination statement already enforced by the UW System.
Responding to WILL and MSLF, UW System General Counsel, Quinn Williams notified UWL Chancellor, Joe Gow today [Dec 15] that the D&I statement adopted by SA is prohibited by Regent Policy Document 30-6, entitled “Recognition of Student Organizations” (RPD 30-6) under the “Policy” section, which states:
“Student organizations that select their members or officers on the basis of commitment to a set of beliefs (e.g., religious or political beliefs) may limit membership, officer positions, or participation in the organization to students who affirm that they support the organization’s goals and agree with its beliefs, so long as no student is excluded from membership, officer positions, or participation on the basis of his or her race, color, creed other than commitment to the beliefs of the organization, religion, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status, or, unless exempt under Title IX, sex.”
As a result, the D&I statement adopted by SA in SA2021-040 is no longer in effect, effective immediately.
Responding to the removal of the D&I statement, WILL’s Deputy Counsel Dan Lennington stated, “We are proud to stand by YAF and the students who stood up to the Administration. The First Amendment prohibits the University from controlling what you think, what you believe, and what you say. We are proud to represent any student wishing to assert their constitutional rights.”
The Racquet Press will update this article as new information is presented.
Update 6:30 a.m. on Dec. 16:
Upon reaching out to the Chair of YAF, First-year Student, Ryan Kitzan said, “I consider this a win for free speech and our constitutionally protected rights. Public Universities have no right to compel ideological speech from their students.”
