Wisconsin Bar association changes definition of ‘diversity’ after pressure from WILL

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The Wisconsin Bar Association has changed the definition of “diversity” after reaching a partial settlement with the conservative Wisconsin Institute for Law & Liberty (WILL), which had sued the Bar in federal court over its Diversity Clerkship Program.

Late last year, WILL sued the Bar on behalf of attorney Daniel Suhr, who argued that the diversity clerkship was discriminatory. At the time, state Bar officials said they would “vigorously” defend the program.

On Thursday, the Bar announced that it had reached a partial settlement with WILL and would be “clarifying” the definition of diversity.

The previous definition stated diversity “is an inclusive concept that encompasses, among other things, race, ethnicity, national origin, religion, gender, gender identity, age, sexual orientation and disability.”

Now, the definition has been broadened without any explicit mention of race, gender or sexual orientation.

“Diversity means including people with differing characteristics, beliefs, experiences, interests, and viewpoints,” the new definition states.

In a statement, State Bar Executive Director Larry Martin said the clerkship program would remain the same.

“The settlement clarifies the definition of ‘diversity’ but makes no changes to the program,” Martin said. “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.”

WILL, which has fought lawsuits against diversity, equity and inclusion programs in Wisconsin and across the country, celebrated the settlement.

“Defeating unconstitutional DEI programs has become WILL’s area of expertise, and we are not stopping here,” WILL attorney Skylar Croy said in a statement. “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.”

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