Arizona lawmakers are advancing what will be the strongest state-level safeguard in the country against race-based “diversity, equity, and inclusion” (DEI) mandates—one designed to endure beyond executive orders, shifting court rulings, and changes in presidential administrations.
HCR2044, led by Arizona House Speaker Steve Montenegro and if approved by voters, would place explicit protections against racial preferences directly into the Arizona Constitution, ensuring that public institutions operate according to principles of individual merit and equal treatment under the law rather than fluctuating federal directives.
While recent federal actions have curtailed DEI programs and race-conscious policies, those changes remain inherently fragile. Executive orders can be rescinded, agency guidance rewritten, and court decisions narrowed or overturned. Arizona’s proposal takes a different approach: embedding civil rights protections into the state’s foundational governing document and submitting them directly to voters.
Closing a Constitutional Workaround
Arizona voters previously approved a constitutional prohibition on racial discrimination in public employment, education, and contracting. Yet over time, public agencies and universities have exploited a loophole—invoking federal pressure or compliance obligations to justify race-based decision-making that would otherwise be prohibited under state law.
HCR2044 would close that loophole by making clear that no public entity may discriminate or grant preferential treatment based on race, ethnicity, or sex, even when encouraged to do so by federal ”affirmative action” programs or other discriminatory initiatives. The result would be a durable, state-level guarantee that equal treatment is not contingent on Washington’s political climate.
Ending DEI Gatekeeping in Hiring and Contracting
A central feature of the amendment would prohibit public employers and agencies from using “diversity statements” as a condition of hiring or contracting. These statements have too often functioned as ideological screening tools in recent years—excluding qualified applicants not for lack of skill or experience, but for failure to affirm particular political views.
As research by the Goldwater Institute has documented, diversity statements became pervasive across Arizona’s public universities, appearing in a large share of faculty job postings and operating as de facto political litmus tests. The amendment would put an end to this practice statewide, restoring viewpoint-neutral, merit-based standards.
Protecting Students From Mandatory DEI Coursework
The proposal would also prevent public universities and other state entities from forcing students or employees to participate in DEI trainings or coursework as a condition of graduation, employment, or advancement.
Currently, some Arizona institutions require undergraduates to complete multiple DEI-designated courses simply to earn a degree—courses explicitly framed around political and social activism rather than academic inquiry. Beyond raising serious concerns about compelled speech and academic freedom, these mandates consume tens of millions of dollars in tuition revenue and taxpayer funding each academic cycle.
The amendment would refocus state educational institutions on their core purposes: teaching, research, and the pursuit of knowledge—without ideological compulsion.
A Clear Answer to Critics
Opponents of the measure argue that it would prevent state agencies from granting racial preferences in hiring, contracting, or admissions, or from engineering demographic outcomes through government policy. That objection is accurate—and reflects the amendment’s purpose.
The reform is grounded in the principle that government should not divide citizens by race or treat individuals as representatives of demographic groups. Instead, it affirms that opportunity should be based on qualifications, performance, and character—values long embedded in civil rights law and constitutional equal-protection guarantees.
A Reform Designed to Last
Unlike executive actions or agency policies, a constitutional amendment cannot be quietly undone by bureaucratic reinterpretation or a future administration. If approved by the Legislature and ratified by voters, Arizona’s reform would apply regardless of who occupies the White House, controls Congress, or shapes the federal judiciary.
With similar reforms already underway in other states, Arizona’s HCR2044 would serve as a model for how states can permanently protect their citizens from government-sponsored racial discrimination—ensuring that equal treatment under the law is not a temporary policy choice, but a lasting constitutional commitment.
