Arizona law does not permit the state to require an employee to undergo training that presents blame or judgment on the basis of race, ethnicity, or sex. The wording is not obscure. It addresses the state and its subdivisions, identifies the protected employees, and forbids a particular act. Yet when I sought to enforce that prohibition against Arizona State University for required DEI training, the Arizona Board of Regents (ABOR) maintained that I had no right to be in court. The legislature may have enacted a command, its argument runs, but it gave the people protected by that command no means of enforcing it.
I have taught philosophy and religious studies at Arizona State University for more than two decades. In 2022, ASU began requiring its employees to complete an online program called “Inclusive Communities.” Arizona had enacted A.R.S. § 41-1494 the previous year. The statute provides that the state and specified political subdivisions “may not require an employee to engage in training, orientation or therapy that presents any form of blame or judgment on the basis of race, ethnicity or sex.” It separately forbids spending public money on such programs.



