Wisconsin’s state bar association on Thursday agreed to change its definition of “diversity” as part of a lawsuit settlement with a conservative law firm, which alleges the association representing attorneys is discriminating against internship applicants based on diversity, equity, and inclusion.
The Milwaukee-based Wisconsin Institute for Law and Liberty (WILL), which filed the federal lawsuit in December, celebrated the partial settlement agreement as all first-year law students are now eligible to apply for the State Bar of Wisconsin’s Diversity Clerkship Program regardless of physical traits or sexual orientation. The program previously provided premier internship opportunities to minority or LGBTQ+ law students while excluding other applicants.
WILL took issue with this and decided to represent Daniel Suhr, a trial and appellate attorney who must pay hundreds of dollars per year to be a member of the State Bar of Wisconsin. If he does not pay, he will be suspended from his law practice in the state. Suhr maintains the dues are supporting the State Bar’s unconstitutional programs and messaging, which he says violates the First and Fourteenth Amendments on the basis of racial discrimination.
“Premier internship opportunities should be available to students based on merit—not race. I am proud to partner with WILL to set a strong precedent for the next generation of law students,” Suhr said in a statement.
Under the lawsuit settlement, the state bar must adopt a new definition of “diversity” for its Diversity Clerkship Program.
The Bar’s former definition of “diversity” focused largely on immutable characteristics, like race and sex: “The term ‘diversity’ has a dynamic meaning that evolves as the demographics in the state change. It is an inclusive concept that encompasses, among other things, race, ethnicity, national origin, religion, gender, gender identity, age, sexual orientation and disability. Inclusion helps to create a culture that embraces people from the widest range of talent and experience and promotes understanding and respect for all people and different points of view in the legal profession.”
The new definition, however, acknowledges that the organization’s goal extends beyond ensuring that various racial, gender, and sex categories are represented.
“‘Diversity’ means including people with differing characteristics, beliefs, experiences, interests, and viewpoints. Diversity promotes an environment in which all individuals are treated with dignity and respect, regardless of their differences and without regard to stereotypes, and helps to ensure a better understanding and consideration of the needs and viewpoints of others with whom we interact,” the new definition reads.
The state bar said in a statement its Diversity Clerkship Program, despite adopting the new “diversity” definition, would continue unchanged under terms of the settlement. “The Diversity Clerkship Program, which has been creating opportunities for Wisconsin-based law students for three decades, will continue to exist and to operate in its current form,” said state bar executive director Larry Martin.
The state bar must also open its Diversity Clerkship Program to all first-year law students at Marquette University Law School or the University of Wisconsin Law School who are in good standing. All promotional materials are obligated to state that such students are all eligible to participate regardless of race or other attributes. Moreover, those same materials cannot be solely targeted toward applicants from diverse backgrounds.
The Diversity Clerkship Program offers summer internships at law firms, private companies, and government offices to first-year law students. Some Wisconsin entities that have participated in the program include Stafford Rosenbaum LLP, Alliant Energy, Froedtert Health, Kohler Company, the City of Madison, and the Wisconsin Department of Justice.
The conservative law firm declared victory Thursday, stating that “mandatory and annual state-bar dues will not fund internships and policies primarily based on race, but rather on merit and diversity of viewpoint.” The settlement is only partial as the other legal aspects of the case proceed in court; WILL will continue to challenge the State Bar’s process for collecting dues from members.
“Defeating unconstitutional DEI programs has become WILL’s area of expertise, and we are not stopping here,” said WILL associate counsel Skylar Croy. “While we are pleased with this victory, we know the fight is far from over. In fact, this is only the beginning of a movement, and our lawsuit will provide a roadmap for future victories in all 50 states.”
The lawsuit was filed after the U.S. Supreme Court struck down race-based admissions at universities and colleges in June. WILL argues Wisconsin’s state bar, as well as law firms, companies, and government agencies that illegally engage in affirmative action, are violating the precedent set by the landmark decision.