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This term has become a dog whistle for those who wish to diminish the accomplishments of Black women like VP Kamala Harris, wrongly suggesting that they are unqualified for their well-earned positions.
August 28, 1963 marks one of the most significant events in our nation’s history. On that day, more than a quarter million people assembled to participate in the historic “March on Washington for Jobs and Freedom,” where Reverend Dr. Martin Luther King Jr. delivered his iconic “I Have a Dream” speech and demanded the civil and economic rights of Black Americans that were promised in the founding documents of this nation. That call to action, shared by many gathered in the nation’s capital, is one that still reverberates today.
The origins of this march trace back over two decades to 1941, when labor organizer A. Philip Randolph, along with activist Bayard Rustin, created the March on Washington Movement, which was designed to place pressure on the federal government to establish employment protections for Black people. Randolph and Rustin were both motivated to end segregation and racial discrimination that denied Black Americans fair opportunities in employment. Randolph eventually became the director of the March on Washington for Jobs and Freedom, while Rustin became one of the central organizers of the 1963 march. Through their efforts, Randolph, Rustin, and many others brought people from all over the nation to Washington, D.C., to use their collective power to foster lasting change. The impact of the March on Washington contributed to the eventual signing of the Civil Rights Act the following year.
While this may be well-known—and for some, distant—history, some of the same social ills that the marchers sought to eliminate are still with us with renewed intensity. And the progress and equality they have fought for is once again under attack, this time by conservative organizations who are using hard-fought civil rights laws and anti-discrimination legislation against the very people these laws were designed to protect.
On August 28, 2024, I share this pledge once again with our nation, with the hope that we as a society will continue to uphold this promise and stand against that which threatens diversity, equity, and inclusion.
Our nation is once again fighting against a wave of race-based attacks against marginalized communities, this time under the guise of opposing Diversity, Equity, and Inclusion (DEI) efforts. So far this year, at least 37 federal lawsuits targeting DEI programming have been filed. The year before that, at least 65 bills were introduced to limit DEI in higher education across 25 states. This coordinated campaign aims to rid our nation of DEI offices and programs, end anti-bias trainings, and stop funding for the support for diversity. As studies have consistently shown, employers and educational institutions that emphasize and encourage diverse workforces and student bodies regularly outperform their counterparts among various measures.
Although many in this anti-DEI movement claim that racism no longer exists in our nation and thus nullifying the need for diversity, there is no denying the facts: Racial wealth divides persist, and people of color continue to endure systemic discrimination. Yet, some flatly reject the myriad data on the clear benefits of having diverse workforces and classrooms, and the pressure campaign launched by the conservative movement has caused many businesses to fold and abolish their DEI commitments and efforts completely.
And this movement is now becoming more blatant with its racist motivations, not only attacking universities and businesses, but also directly attacking people of color. We see it in the grotesque attacks on the first woman of color nominated for president, Vice President Kamala Harris, where right-wing activists have pejoratively labeled her as a “DEI hire.” This term has become a dog whistle for those who wish to diminish the accomplishments of Black women, wrongly suggesting that they are unqualified for their well-earned positions, and that but for their race and gender, they would not be where they are. Make no mistake: Right-wing organizations and activists are now using the term “DEI hire” as a slur to strip away the achievements of people of color who are in positions of power.
It is vital that we fight back against unfounded and dangerous attacks on DEI. Our nation cannot achieve the equality we hold as a moral imperative if we allow the progress we’ve made to be eroded. We can all look to the past as a road map to chart a better future where we fight for a nation–and world–free of discrimination and inequality. Following Dr. King’s speech, A. Philip Randolph invited those in attendance at the march to take a pledge:
Standing before the Lincoln Memorial on the 28th of August, in the centennial year of emancipation, I affirm my complete personal commitment to the struggle for jobs and freedom for Americans. To fulfill that commitment, I pledge that I will not relax until victory is won. I pledge that I will join and support all actions undertaken in good faith in accord with the time-honored Democratic tradition of nonviolent protest, of peaceful assembly, and petition, and of redress through the courts and the legislative process. I pledge to carry the message of the march to my friends and neighbors back home and arouse them to an equal commitment and equal effort. I will march and I will write letters. I will demonstrate and I will vote. I will work to make sure that my voice and those of my brothers ring clear and determine from every corner of our land. I pledge my heart and my mind and my body unequivocally and without regard to personal sacrifice, to the achievement of social peace through social justice.
As we commemorate the March on Washington, let us reflect on the past so that it emboldens us to fight for the future. And so, on August 28, 2024, I share this pledge once again with our nation, with the hope that we as a society will continue to uphold this promise and stand against that which threatens diversity, equity, and inclusion. It is up to us to ensure that the progress made by those who marched is not undone by those who seek to divide us, and that the labor and freedoms of all Americans remain protected.
"This unhinged and shameful person should never be near the presidency again," said Congressman Robert Garcia. "He's a disgrace."
Former U.S. President Donald Trump's long and well-documented history of racism garnered fresh attention on Wednesday after the Republican nominee's comments about Vice President Kamala Harris, his presumptive Democratic opponent, at a convention for Black reporters.
During Trump's appearance at the National Association of Black Journalists (NABJ) event in Chicago, he was asked about racist claims from some Republicans that Harris is a "DEI hire," a reference to the diversity, equity, and inclusion policies targeted by the GOP.
"She was always of Indian heritage and she was only promoting Indian heritage," Trump said. "I didn't know she was Black, until a number of years ago, when she happened to turn Black, and now she wants to be known as Black. So I don't know, is she Indian or is she Black?"
Trump tells Black journalists that Kamala Harris "is of Indian heritage ... is she Indian or is she Black? ... she became a Black person." Note the audience laughing at him. pic.twitter.com/PAhmgr1yBS
— Aaron Rupar (@atrupar) July 31, 2024
Harris, whose nomination process is set to begin Thursday, was born to an Indian mother and Jamaican father. As she recalled in a 2019 debate, she was "a little girl in California who was part of the second class to integrate her public schools, and she was bused to school every day." She went on to graduate from the historically Black Howard University.
Washington Post columnist Karen Attiah, who announced on social media Tuesday that she "decided to step down as co-chair from this year's #NABJ24 convention," reported Wednesday that "the crowd has actually been gasping and upset at Trump's attacks on NABJ, Kamala Harris' racial identity, etc."
While some right-wing figures celebrated Trump's comments about Harris' identity, there was also significant backlash beyond the convention.
Sharing a video on social media, Nebraska state Sen. Megan Hunt (I-8) said: "Unreal, racist, worth watching, and I have to say it's a good thing that he's out on the record in serious spaces talking about how he really feels. Keep it up, here's your guy, conservatives."
Congressman Robert Garcia (D-Calif.) declared: "This unhinged and shameful person should never be near the presidency again. He's a disgrace."
Harris campaign communications director Michael Tyler said in a statement that "the hostility Donald Trump showed on stage today is the same hostility he has shown throughout his life, throughout his term in office, and throughout his campaign for president as he seeks to regain power and inflict his harmful Project 2025 agenda on the American people."
"Trump lobbed personal attacks and insults at Black journalists the same way he did throughout his presidency—while he failed Black families and left the entire country digging out of the ditch he left us in," Tyler continued, echoing the campaign's comments ahead of the Wednesday event. "Donald Trump has already proven he cannot unite America, so he attempts to divide us."
"Today's tirade is simply a taste of the chaos and division that has been a hallmark of Trump's MAGA rallies this entire campaign. It's also exactly what the American people will see from across the debate stage as Vice President Harris offers a vision of opportunity and freedom for all Americans," he added. "All Donald Trump needs to do is stop playing games and actually show up to the debate on September 10."
Harris supporters and anti-racism advocates have anticipated such comments from Trump and his allies and expect them to continue. Sung Yeon Choimorrow, executive director of the National Asian Pacific American Women's Forum, wrote Monday in a Common Dreams opinion piece, "As a society, we cannot simply brush off verbal attacks and racist misogyny as acceptable speech."
"Working towards real systemic change in a world that recognizes and addresses the real harm caused by anti-Asian and racialized misogyny," she argued, "will take all of us speaking up against these kinds of attacks that have been allowed to go on for far too long."
This post has been updated to reflect that Nebraska state Sen. Megan Hunt (I-8) switched from Democrat to Independent in 2023.
State lawmakers, right-wing operatives, and corporate lobbyists are descending on the Rocky Mountain state to vote on model policies and resolutions that impact the environment, education, elections, fundamental human rights, and more.
The American Legislative Exchange Council, or ALEC, is holding its 51st Annual Meeting in Denver this week at the four-star Hyatt Regency Denver at Colorado Convention Center. ALEC state lawmakers, right-wing operatives, and corporate lobbyists are descending on the Rocky Mountain state to hear presentations and vote on model policies and resolutions that impact the environment, education, elections, fundamental human rights, and more.
Colorado Gov. Jared Polis (D), Iowa Gov. Kim Reynolds (R), Oklahoma Gov. Kevin Stitt (R), Liberty Energy CEO Chris Wright, and GOP pollster Scott Rasmussen are slated to speak at the conference. Polis is the first high-profile Democrat to speak to the ALEC faithful in recent years.
The annual meeting officially kicked off Tuesday night with an anti-abortion “late night dessert and coffee reception” with national abortion ban proponent Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, and “pre-recorded remarks” from pollster Kellyanne Conway, former U.S. President Donald Trump’s former senior counselor, to coach legislators on “how to communicate” about abortion during this fall’s campaign season. ALEC plotted its post-Dobbs strategy at its annual meeting last summer, and at least 684 state lawmakers affiliated with the group have voted to prohibit abortion access, a Center for Media and Democracy (CMD) analysis found.
Tuesday morning, the “Christian ALEC” (officially the National Association of Christian Lawmakers)—which circulates anti-abortion model legislation among its members—hosted a prayer breakfast for attendees.
In June 2021, ALEC CEO Lisa Nelson wrote in Real Clear Politics, “ALEC doesn’t have ‘template legislation’ on voting because ALEC doesn’t work on voting issues.” CMD exposed that claim as a lie, revealing a Council for National Policy meeting video where she described the work ALEC was doing on the issue in targeted states and admitted to outsourcing model voting legislation to the Honest Elections Project (HEP).
ALEC has held at least three voter suppression summits with HEP, a voter suppression project of Leonard Leo’s 85 Fund, and last summer passed a model bill pushed by HEP banning ranked choice voting, the process by which voters rank candidates in order of preference on their ballots rather than simply voting in favor of a single candidate.
This week, ALEC members will consider model policies that align with HEP priorities laid out in its 2024 “Safeguarding Our Elections” report: the Citizen Only Voting Amendment and Only Citizens Vote Model Policy. While the voting amendment is targeted at prohibiting municipalities from allowing noncitizens to vote in local elections, the model policy covers state and federal elections—even though it is already illegal for noncitizens to vote in either. That push is part of what TheNew York Timesdescribes as a wider GOP campaign designed to promote Trump’s baseless claims of widespread voter fraud and “echoes the racist ‘great replacement’ conspiracy theory.”
In January, the ostensibly “nonpartisan” ALEC announced that it is joining forces with Run GenZ to try to draw young voters to the GOP.
“In recent months, the specter of immigrants voting illegally in the U.S. has erupted into a leading election-year talking point for Republicans,” Politicoreported. Republican-controlled legislatures in Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin have placed constitutional amendments to ban noncitizen voting on the ballot this November as a way of driving GOP turnout.
ALEC is also offering a workshop on the nonissue of noncitizens voting, called “States Must Do: Protecting the Vote.” The description of the training claims “the threat of noncitizen participation in our U.S. elections is real.”
ALEC may claim this, but the facts prove otherwise. “Every legitimate study ever done on the question shows that voting by noncitizens in state and federal elections is vanishingly rare,” the Brennan Center reported. As the Brennan Center points out, even the Charles Koch-founded and funded Cato Institute determined that “noncitizens don’t illegally vote in detectable numbers.”
Meeting attendees will also debate on whether to approve The School Board Election Date Act, which would politicize school board elections across the country by requiring candidates to indicate a “political party designation” beginning in 2026 and mandating that they coincide with November elections every four years. In its Safeguarding Our Elections report, HEP recommends consolidating school board election dates with general elections in November.
Another workshop, called “Foreign Influence in American Campaigns,” will consider “options” state lawmakers have to “prevent foreign influence on state campaigns.” In the same report, HEP advises lawmakers to “ban foreign influence in ballot measure campaigns.”
In January, the ostensibly “nonpartisan” ALEC announced that it is joining forces with Run GenZ to try to draw young voters to the GOP. At the meeting, ALEC members can attend a “Boomer to Zoomer: Run GenZ Informational Meeting” to learn more about the right-wing youth candidate training partnership.
Meeting attendees will once again consider a number of pro-fossil fuel and climate-harming policies at the meeting this week.
Since the summer of 2021, CMD has repeatedly documented ALEC’s consideration and promotion of multiple model bills punishing companies and public entities that embrace environmental, social, and governance factors (ESG) in their business and investing practices.
Consumers’ Research Executive Director Will Hild, an anti-ESG zealot, has become a regular speaker at ALEC meetings since it became a major sponsor, and ALEC has, in turn, promoted his attacks. Hild is again scheduled to speak at this week’s meeting and is likely the sponsor of the workshop, “America Runs on Energy: ESG and Grid Sustainability.” The description of the training claims that “activism in investing is far from new, but the push to give outsized importance to ESG scores has a deleterious effect on our nation’s power grid.” Of course, it mentions nothing about the unfolding climate crisis and its impact on the grid.
One bill, the Act to Define Clean Energy, would replace references to “renewable energy” with “clean energy,” so that “power generation supplied by nuclear fuel” can be promoted in green energy policies.
Model legislation up for a vote at the conference relates to the power grid. The Equitable Escalation of Electricity Demand Act, for example, blames rising electrical costs on electric vehicles (EVs) and Big Tech, and seeks to pass the increased costs on to EV owners and technology companies that manage large data centers.
Another model bill, the Electric Ratepayers Affordability and Reliability Advocacy Act, claims that consumer utility boards have been co-opted by “green energy” advocates and proposes the creation of a new statewide position, a “Ratepayer Affordability and Reliability Advocate” with the “singular mission” of advocating for “the most reliable, [lowest] cost form of electricity in a service area.”
ALEC members will also vote on a related bill, the Electricity Trajectory Management Act, which would stop the decommissioning of power plants that use coal, natural gas, water, or nuclear for energy generation and require building new ones in order to meet the increasing power demands EVs and data centers place on the grid.
Under ALEC’s draft Resolution Urging States to Not Allow the Use of IRIS Assessments to Inform its Rulemakings, state regulators would not be allowed to use the Environmental Protection Agency’s Integrated Risk Information System (IRIS) “as the basis of hazard assessment or risk assessment decisions or as the basis to establish air, water or waste rulemaking.”
The Natural Asset Company Prohibition Act would ban this type of corporation. In 2023, the Securities and Exchange Commission (SEC) floated the idea of including “Natural Asset Companies” (NACs) on the New York Stock Exchange, but then backtracked. NACs are a new type of corporation that put a market value on ecosystems and natural resources and are organized to “actively manage, maintain, restore (as applicable), and grow the value of natural assets and their production.”
The State Financial Officers Foundation (SFOF), the ALEC-tied group of Republican state treasurers, auditors, CFOs, and others weaponized to fight “woke capitalism” and ESG, and American Stewards of Liberty, the group tasked with upending Biden’s 30×30 executive order to help tackle the climate crisis, worked together to drum up opposition to NACs.
ALEC is also seeking to redefine terms used to promote sustainable energy to include traditional methods. One bill, the Act to Define Clean Energy, would replace references to “renewable energy” with “clean energy,” so that “power generation supplied by nuclear fuel” can be promoted in green energy policies. A related model up for consideration, The Affordable, Reliable and Clean Energy Security Act, would include natural gas and nuclear in the definition of “green energy.”
Last month, the Supreme Court rejected 40 years of precedent and overturned the 1984 decision in Chevron v. Natural Resources Defense Council, summarily curtailing the power of federal agencies to interpret laws they administer and giving that power to the courts. The monumental decision provides an opening for lawyers to overturn regulations that address everything from the ongoing climate emergency to the healthcare crisis and workplace safety.
ALEC meeting attendees will hear a presentation titled, “After Relentless: What Will Chevron’s Revised Status Mean for State Officials?” and vote on model legislation to Establish the Office of Regulatory Management in the states. “This Office aims to enhance and utilize transparency to reduce unnecessary regulatory burdens and ensure that new regulations are evidence-based and cost-effective,” the ALEC description reads.
Once an office is up and running, it is clear that the regulatory “transparency” created will be used by anti-regulation zealots and corporations to challenge regulations that conflict with their ideology or impact their profit models.
Partisan legislative attacks on diversity, equity, and inclusion (DEI) efforts from the right ramped up in 2023 and 2024, so it isn’t surprising that ALEC would provide model bills related to this to aid their members.
The Freedom from Indoctrination Act introduced this week prohibits universities and colleges from requiring DEI courses and prevents them from requiring first-year students to participate in DEI orientation activities. The model policy was first circulated by the right-wing Goldwater Institute and Speech First in April of 2023.
“During the 2023 legislative session alone, anti-diversity, equity, and inclusion bills were introduced in various states 40 separate times, and all of them addressed a combination of the same four objectives: ending mandatory DEI training, preventing the use of diversity statements in job applications and promotion materials, prohibiting hiring practices designed to increase diversity, and/or ending state funding for DEI offices and personnel altogether,” as CMD reported earlier this month.
Following the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, ALEC is circulating the SCOTUS Anti-Discrimination Implementation Act to officially ban affirmative action programs designed to increase diversity on campuses or make places of higher education reflective of local demographics.
ALEC is also asking its members to vote on the First Amendment Preservation Act, which would prevent any state agency—including universities—from contracting with “media monitoring organizations” or advertisers or marketing companies that work with these organizations.
The bill defines media monitoring organizations as groups that “rate or rank news and information sources for the factual accuracy of their content,” or “provide ratings or rankings of news sources based on misinformation, bias, adherence to journalistic standards, or ethics, including, but not limited to, organizations that claim to engage in fact checking or determining overall news accuracy.”
In other words, this bill seeks to protect those engaged in hate speech or the peddling of mis/disinformation by making it harder for state governments to assess the accuracy of information and by punishing private companies that work with fact checkers to prevent the spread of disinformation.
On January 30, ALEC launched the Education Freedom Alliance in partnership with the Committee to Unleash Prosperity and the Job Creators Network to further privatize K–12 education through Education Savings Accounts (ESA), or universal, tax-funded school vouchers.
The ALEC-led coalition set “its goal of expanding universal education freedom to 25 states by 2025,” but will struggle to reach that target after only passing three ESA bills—in Alabama, Louisiana, and Missouri—so far this year, bringing the total to 12. ALEC and Charles Koch’s yes. every kid advocacy group will promote ESAs to ALEC attendees in a two-part workshop titled “The New Frontier: ESAs and Beyond.”
ALEC is also asking members to vote on the Microschool Education Act, which would give home-based or micro-school entities of 100 or fewer students the same rights as private and charter schools. Koch and the Walton Family Foundation are major backers of this latest school privatization effort.
Opponents fear that since this definition includes any criticism of Israel, relying on it will expose anti-war and pro-Palestinian activists to prosecution or hate crime charges for simply speaking out against Israel’s war in Gaza or occupation of Palestine.
ALEC’s American City County Exchange project will vote on the ACCE Model County Code Ordinance, which would streamline zoning for microschools.
In direct attacks on the First Amendment rights of students, ALEC meeting attendees will consider an Act to Prohibit Antisemitism in State K–20 Educational Institutions and an Act to Adopt the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism.
The first bill appears to be positive on the surface, but within the text it states that, “The Working Definition of Antisemitism adopted by the International Holocaust Alliance (IHRA) that contains contemporary examples of antisemitism may also be used to identify antisemitism.”
Opponents fear that since this definition includes any criticism of Israel, relying on it will expose anti-war and pro-Palestinian activists to prosecution or hate crime charges for simply speaking out against Israel’s war in Gaza or occupation of Palestine, as Truthoutreported in an article tying ALEC to the effort to codify the weaponized definition of antisemitism.
The second model bill would officially adopt the IHRA definition. ALEC, along with representatives from the Israeli government and the Heritage Foundation, has been pushing state lawmakers to adopt the IHRA definition since as early as 2021.
Lastly, in a bizarre attempt to address the public health crisis of gun violence in our nation’s schools, ALEC is promoting the Use of AI Firearm Detection Software in Schools. The model bill would allow state departments of education to use taxpayer money to buy AI gun detection software.
For many years, ALEC worked with the National Rifle Association (NRA) and Gun Owners of America to develop legislation to loosen gun regulations, promote stand-your-ground laws, allow concealed handguns on college campuses, and prevent cities from suing gun manufacturers, and many others.
ALEC may be spoiling for a fight in the U.S. Supreme Court to radically curtail federal powers. Up for consideration at this week’s annual meeting are two bills that would do just that.
The Presumption of State Jurisdiction Amendments, based on legislation in Utah according to the text, declares state sovereignty and jurisdiction over “natural resources; water resources and water rights; agriculture; education; and energy resources,” unless the federal government can show that “jurisdiction over the subject matter in question is specifically enumerated to the federal government under the Constitution.”
Earlier this year, Utah passed the Utah Constitutional Sovereignty Act, which empowers its legislature to “prohibit a government officer from enforcing or assisting in the enforcement of a federal directive within the state if the Legislature determines the federal directive violates the principles of state sovereignty.”
Now ALEC members are asking to vote on the same model. University of Utah Law Professor Robert Keiter toldCNN after the bill passed there that“if the legislature actually passes a concurrent resolution and overrules a federal regulation, then it will likely be overturned due to the Supremacy Clause.”
ALEC members will have the opportunity to debate and vote on a couple of models related to squatting, or the occupying of property by anyone who doesn’t own it or have permission to live in it.
The Stop Squatters Act prohibits anyone from the unauthorized entry or occupation of residential or commercial properties, creates a process for having law enforcement remove squatters, and enacts penalties of a misdemeanor if damages are less than $1,000 or a felony if they exceed $1,000. The bill mirrors a model circulated by the right-wing litigation center Pacific Legal Foundation. ALEC is also circulating a Statement of Principles on Illegal Possession of Private Property on the issue.
Squatting data is sparse, and Juan Pablo Garnham, a researcher and communications manager at Princeton University’s Eviction Lab, toldThe Washington Post in April that “squatting is ‘an extremely rare issue’” in the U.S.
ALEC has long loathed public sector unions and circulated model policies weakening their power. The new so-called Public Employees’ Bill of Rights in front of its membership this week seeks to do the same by mandating that non-dues-paying members be given “equal rights” within a union.
The model bill also allows public employees to sue their unions and obtain a “full accounting” of union activities and dues.
ALEC publishes an anti-union playbook that was recently updated to include bills that target independent contractors and occupational licensing, CMD reported.