The Wisconsin State Bar has made headlines after suspending their diversity, equity, and inclusion (DEI) programs following a lawsuit that deemed them unconstitutional. The Wisconsin Institute for Law and Liberty (WILL) filed a lawsuit against the state bar association, specifically targeting the “Diversity Clerkship Program,” alleging that it was illegally and racially discriminatory.
WILL Associate Counsel, Skylar Croy, expressed their commitment to fighting unconstitutional DEI programs, stating, “Defeating unconstitutional DEI programs has become WILL’s area of expertise, and we are not stopping here.” The lawsuit ultimately led to a settlement between the State Bar of Wisconsin and WILL to end the discriminatory DEI practices.
Moving forward, the state bar will no longer use mandatory dues to fund internships and policies that prioritize a candidate’s race. Instead, the focus will shift to merit and diversity of viewpoint. The program will now be open to all first-year law students attending Marquette University Law School or the University of Wisconsin Law School, regardless of race.
The settlement also mandates that promotional materials for the program must ensure that all students are eligible to participate, regardless of race. The lawsuit was initiated by trial and appellate attorney Daniel Suhr, who objected to being required to pay dues for a program he believed to be racially discriminatory.
This legal battle comes in the wake of the Supreme Court’s ruling that race-based affirmative action in college admissions violates the Equal Protection Clause of the Fourteenth Amendment. As a result, various programs and entities administering DEI initiatives have faced legal challenges.
The impact of this lawsuit extends beyond Wisconsin, as similar efforts to challenge DEI programs have been seen in other states. The fight against unconstitutional DEI practices continues to gain momentum, with advocates like WILL paving the way for future victories in the realm of diversity, equity, and inclusion.
