A federal lawsuit backed by conservative attorneys won a major victory—prompting the State Bar of Wisconsin to eliminate race, gender, and other immutable traits from its definition of “diversity.” The new definition now focuses on differing viewpoints, beliefs, interests, and experiences, marking a sharp departure from identity-based criteria. The Bar also must explicitly state that its leadership and student programs are open to all, signaling a decisive response to constitutional concerns and setting a precedent for legal challenges to DEI initiatives.
In December 2023, the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit on behalf of attorney Daniel Suhr, arguing that the Bar’s use of mandatory dues to support race-based leadership programs violated his First Amendment rights by funding discriminatory practices. The Bar initially offered a partial settlement in April 2024, targeting only its student “clerkship” fellowship. This week’s settlement completes the overhaul, requiring a full redefinition of diversity for both student and leadership programs.
Leaders from both sides expressed satisfaction. Ryan Billings, former State Bar president, said the agreement allows the G. Lane Ware Leadership Academy and Leadership Summit to proceed “unencumbered.” Dan Lennington of WILL declared, “diversity and inclusion is over at the state bar,” warning that any reversal would face swift legal action.
The Bar’s prior definition included race, gender identity, and other immutable characteristics. The new wording centers on “people with differing characteristics, beliefs, experiences, interests, and viewpoints,” removing all demographic-specific language. Promotional materials must now confirm that these programs are open to all State Bar members and law students—without limiting acceptance based on identity categories.
This decision aligns with a national wave of legal action and ideological pushback following the Supreme Court’s 2023 ruling against race-based affirmative action. Conservative legal groups have successfully challenged several DEI practices in higher education and professional institutions.
The State Bar of Wisconsin, a mandatory organization overseen by the Wisconsin Supreme Court, represents approximately 25,000 attorneys. Critics questioned whether bar membership dues funded activities unrelated to professional regulation—like these diversity initiatives. This settlement underscores that compulsory bar dues must not support discriminatory programming under the guise of DEI.
This outcome sends a strong message: bar associations and other public bodies must align their diversity efforts with constitutional protections. Identity-based preference programs are now vulnerable to legal scrutiny, and conservative advocates are prepared to challenge similar practices nationwide.
