This article was reprinted with permission from .听
After top Democrats and community leaders called for the firing of the state鈥檚 diversity chief last spring over his 鈥淒EI is dead鈥� comments, unless 鈥渆quity鈥� is put back into the state鈥檚 diversity office title by this summer.
In January 2022, Gov. Glenn Youngkin renamed the Office of Diversity, Equity and Inclusion through an executive order by replacing 鈥渆quity鈥� with 鈥渙pportunity,鈥� contrary to the . The move was met with swift pushback from Democratic leaders.
鈥淭he law is diversity, equity and inclusion,鈥� Sen. Mamie Locke, D-Hampton, said in an interview at the end of this year鈥檚 session. The governor鈥檚 press office did not respond to the Mercury鈥檚 request for comment earlier this week.
The governor introduced his budget proposal in December, which appropriated an estimated $2.6 million in funding over the next two years for the Diversity, Opportunity and Inclusion, consolidated into the general fund for the governor鈥檚 office. If the governor instead accepts the General Assembly鈥檚 proposal, a budget amendment carried by聽Senate Majority Leader Scott Surovell, D-Fairfax,聽by July 1, over the next two years will be appropriated to the office and its title would be restored to Diversity, Equity and Inclusion.
If the governor fails to do so, the budget approved by the General Assembly would redirect the funds to the Virginia Cannabis Equity Business Loan Fund.
According to , the fund will provide no- and low-interest loans to qualified, licensed聽 cannabis business owners to help promote business ownership and economic growth in communities that were disproportionately impacted by cannabis when it was prohibited in the state. Lawmakers have signaled that such a fund is needed and will be put to good use.
鈥淲e will use the money. There鈥檚 no question about that,鈥� Sen. Louise Lucas, D-Portsmouth, who serves as the chair of the Senate Finance and Appropriations Committee and a top budget negotiator, said.
Janice Underwood, who served as director of diversity initiatives at Old Dominion University, was appointed by Democratic Gov. Ralph Northam in September 2019 as the state鈥檚 first director of diversity, equity and inclusion. It was the first position of its kind in the country at the time.
In 2020, lawmakers passed to codify into law the diversity, equity and inclusion director position in the governor鈥檚 cabinet. According to that state law, the DEI director is responsible for developing a plan to promote inclusive practices across state government and to address systemic inequities in state government practices. The director must also implement feedback from state employees and other groups into equity policy.
The position was part of the governor鈥檚 responses to racial inequity in Virginia, thrown into stark relief by the killing of George Floyd, a Black man, by a white Minneapolis police officer. It was also related to the state鈥檚 commemoration of the 400th anniversary of the first enslaved Africans coming to Virginia. The new position came months after a controversy prompted by a photo that surfaced from Northam鈥檚 1984 Eastern Virginia Medical School yearbook depicting someone in blackface and another in Ku Klux Klan robes.
Since the position鈥檚 establishment, three people have been appointed as the chief diversity officer.
Following Underwood, Gov. Youngkin in January 2022 appointed Angela Sailor to the role and changed the office title to Diversity, Opportunity and Inclusion during the first month of his tenure. Sailor previously served as an executive at the Heritage Foundation, a conservative think tank.
Martin Brown, who served as commissioner of the Department of Social Services, succeeded Sailor in November 2022, appointed by Youngkin.
Some of Brown鈥檚 notable actions include supporting legislation to identified in the Green Book, and championing controversial changes to the state鈥檚 adopted by the Board of Education.
Perhaps most notably, Brown faced widespread for his remarks during a speech at the Virginia Military Institute in April.
鈥淟et鈥檚 take a moment right now to kill that cow. DEI is dead,鈥� Brown said. 鈥淲e鈥檙e not going to bring that cow up anymore. It鈥檚 dead. It was mandated by the General Assembly, but this governor has a different philosophy of civil discourse, civility 鈥� living the golden rule, right?鈥�
Last year, Democrats questioned whether the governor was following the law when he changed the name of the position.
In a letter sent to Attorney General Jason Miayres, Sen. Scott Surovell, D-Fairfax, and Del. Don Scott, D-Portsmouth, , 鈥淭he official state website for this office likewise uses an incorrect name and refers to Mr. Brown as the Commonwealth of Virginia鈥檚 Chief Diversity, Opportunity, and Inclusion Officer,鈥� noting that the DEI title mandated by the state didn鈥檛 appear on the official state website.
Miyares that, if the governor makes sure the state鈥檚 laws relating to the DEI office are 鈥溾�榝aithfully executed,鈥� he may include within his cabinet a Chief Diversity, Opportunity and Inclusion Officer who is charged with performing duties supplemental to those of the Director of Diversity, Equity, and Inclusion.鈥�
The attorney general also pointed out in his response that 鈥渆quity鈥� is not defined in the statute.
鈥淲ith no statutory or judicially imposed definition, the governor, in fulfilling his duty to 鈥榝aithfully execute鈥� the statute, is afforded some degree of discretion in affording its terms a workable meaning,鈥� Miyares wrote.
The governor, who is meeting with budget leaders, has the power to sign, amend or veto the DEI measures in the budget before lawmakers return to Richmond on April 17.
Editor鈥檚 note:聽This story was updated to reflect that Senate Majority Leader Scott Surovell, D-Fairfax, carried the budget amendment to restore the state鈥檚 director of diversity, equity and inclusion title.
