Petersen And Toma File Brief In Support Of ASU Professor’s Lawsuit Against DEI Training
By Matthew Holloway |
Arizona Senate President Warren Petersen and House Speaker Ben Toma filed an amicus brief in support of a lawsuit against Arizona State University and the Arizona Board of Regents for “unlawfully mandating racist DEI training for faculty.” The lawsuit was brought by Dr. Owen Anderson and the Goldwater Institute. The Arizona Board of Regents brought a motion to dismiss the case, which Petersen and Toma are urging the court to reject.
In the text of the brief, Petersen and Toma establish first and foremost that the case brought by Goldwater and Dr. Anderson “is a civil rights case,” citing Arizona Revised Statutes “enacted in part to prohibit discriminatory state and local government practices, including conduct that could qualify as, or lead to, a discriminatory work environment and even liability for the State.”
Sharing the brief, the Arizona Republican Party wrote in a post to X, “We refuse to normalize discrimination in higher education, or anywhere in the state of Arizona.”
As reported by Goldwater, the crux of the complaint by Dr. Anderson is that Arizona State University is using taxpayer funds to mandate Diversity, Equity, and Inclusion training among the university’s faculty. And that Dr. Anderson’s refusal to participate in the inherently discriminatory training has left him open to discipline from his superiors.
“I shouldn’t be forced to take training and affirm ideas with which I disagree as a condition of employment,’” Dr. Anderson said. “This ‘training’ is simply racism under the guise of DEI. It goes against my conscience, and I want no part of it.”
Goldwater Staff Attorney Stacy Skankey noted, “Arizona state law prohibits mandatory training for state employees and use of taxpayer resources to teach doctrines that discriminate based on race, ethnicity, sex, and other characteristics.”
“But the ‘ASU Inclusive Communities’ training teaches discriminatory DEI concepts, including things like ‘how…white supremacy [is] normalized in society,’ how to ‘critique whiteness’; ‘white privilege’; ‘white fragility’; and the need for ‘transformative justice.’ Even ‘seemingly innocuous questions and comments’—like asking people where they’re from or commenting on their hair—can be deemed ‘racist.’”
Skankey and co-counsel Parker Jackson, representing Dr. Anderson, alleged in the complaint that the Arizona Board of Regents and ASU are “using public money to prepare and disseminate mandatory faculty and staff training for its employees that presents forms of blame or judgment on the basis of race, ethnicity or sex, in violation of state law.” They add that the University is “compelling the speech of public employees by requiring faculty and staff to take an examination following a training that presents forms of blame or judgment on the basis of race, ethnicity or sex, and answer with Arizona State University’s ‘correct’ answers, in violation of the Arizona Constitution.”
The training included slides containing these objectively racial and gender discriminatory statements and concepts:
- “[A]cknowledging the history of white supremacy and the social conditions for it to exist as a structural phenomenon.”
- “How is white supremacy normalized in society.”
- “[G]iven the socio-historical legacy of racism, sexism, homophobia and other forms of structural inequality, perceptions of authority and control are not always granted to minoritized [sic] faculty.”
- “White Fragility.”
- “What is White Privilege, Really.”
- “Explaining White privilege to a broke white person… .”
- “7 Ways White People Can Combat Their Privilege.”
- “Racism … can take the form of … and include seemingly innocuous questions or comments, such as asking people of color where they are from … .”
- “Sexual identities are linked to power, and heterosexuality, the dominant sexual identity in American culture, is privileged by going largely unquestioned.”
A video segment of the training includes the statements via transcript:
- “[I]t scares people to talk about white supremacy or to be called a white supremacist. But if we start thinking about it in terms of whiteness as something that is culturally neutral and we’re moving it from that neutral space into a critical space.”
- “[W]e also have to open the space to critique whiteness.”
- “[W]hite supremacy … referring to here is the period between the 1500’s and the 1800’s that encompasses both Spanish colonization and Euro American colonization. And what colonization did, was it really created this system of binary thinking. There were folks that were inherently good and folks that were inherently bad, and that led to the systems of superiority that were then written into the foundation documents of our nation.”
The original complaint summarizes: “The Inclusive Communities training provides discriminatory concepts including, but not limited to: white people are inherently racist and oppressive, whether consciously or unconsciously; heterosexuals are inherently sexist and oppressive, whether consciously or unconsciously; white people should receive adverse treatment solely or partly because of their race or ethnicity; white people bear responsibility for actions committed by other white people; land acknowledgement statements are a way of holding one race or ethnicity responsible for the actions committed by other members of the same race or ethnicity; transformative justice calls for an individual to bear responsibility for actions committed by other members of the same race, ethnic group or sex; and dominant identities (whites or heterosexuals) are treated morally or intellectually superior to other races, ethnic groups or sexes.”
Skankey explained, “ASU is essentially forcing its employees to agree to a certain type of speech, which violates the Arizona Constitution’s broad protections for free speech.”
Speaking with Fox & Friends in March, Dr. Anderson explained, “I was told I need to ‘decolonize my classroom.’”
In a statement responding to the lawsuit, an ASU spokesman told Fox producers, “The Goldwater Institute suit misleads the court and misrepresents both the content and requirements of this training to make an argument the represents a political perspective but is not based on the law. ASU’s commitment to providing a support and welcoming educational environment for students of all backgrounds will continue and the university will respond appropriately to the Institute’s tactic.”
The case is currently awaiting a response from the Arizona Board of Regents.
Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.