January 20, 2025

CHARLESTON, W.Va. – The American Civil Liberties Union of West Virginia (ACLU-WV) is calling on Gov. Patrick Morrisey to rescind his executive order relating to diversity, equity, and inclusion.

Executive Order No. 3-25 is so broadly written that it could infringe on the free speech rights of college educators and others. If the governor’s office does not act quickly to correct the order, it will risk costly litigation against the state.

“Today is Martin Luther King, Jr. Day, a federal holiday, and it's important to remember that this order could silence classroom instruction about the life and views of the holiday's namesake," ACLU-WV Executive Director Eli Baumwell said. 

“This hastily written executive order represents a potential violation of educators’ free speech rights enshrined in the Constitution and upheld by the U.S. Supreme Court," ACLU-WV Legal Director Aubrey Sparks said. "Not only do we believe this order to be unconstitutional, we also can't overstate the degree to which it is meant to create a state government hostile to people from marginalized communities.”

As written, the order could also prohibit professors from discussing or presenting arguments both for and against a wide range of topics, from the role of women in military combat to race reparations, Sparks said. 

As written, the order could prohibit professors from discussing or presenting arguments both for and against a wide range of topics, from the role of women in military combat to race reparations, Sparks said.