Minnesota Attorney General Keith Ellison, along with a coalition of 15 attorneys general, has issued guidance to educational institutions regarding the legality and importance of diversity, equity, inclusion, and accessibility initiatives. This action is in response to a recent executive order from the Trump administration and a "Dear Colleague" letter from the U.S. Department of Education that have raised concerns about these policies.
The coalition argues that the documents from the Trump administration misinterpret Supreme Court precedent and wrongly suggest that considering diversity in school policies might be unlawful. They emphasize that "nothing in the 'Dear Colleague' letter or FAQ changes existing law and well-established legal principles" supporting diverse educational environments. Furthermore, they assert that "the President cannot change longstanding legal precedent by executive order."
Attorney General Ellison stated, "My fellow attorneys general and I are releasing this guidance to set the record straight: schools, colleges, and universities have broad latitude under the law to create diverse, equitable, inclusive, and accessible educational environments." He criticized what he described as a coordinated disinformation campaign by the Trump Administration aimed at restricting diversity efforts in education.
The guidance clarifies that while a Supreme Court ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College limits how race can be considered in admissions decisions, schools can still pursue diverse student bodies through recruitment strategies without giving preference based on racial status.
Joining Ellison in this initiative are Massachusetts Attorney General Andrea Campbell, Illinois Attorney General Kwame Raoul, New York Attorney General Letitia James—who led the coalition—and attorneys general from California, Connecticut, Delaware, the District of Columbia, Maine, Maryland, New Jersey, Nevada, Oregon, Rhode Island, and Vermont.
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