The House Rules Committee reviewed and struck down Amendment 9 which would have cut funding for the University of Wyoming gender studies program on March 2.
Amendment 9 (SF0001S3009) originally passed on a 16-14 vote on the Senate floor on February 25, 2022.
This amendment stated that UW “shall not expend any general funds, federal funds or other funds under its control for any gender studies courses, academic programs, co-curricular programs or extracurricular programs.”
On Monday, February 28, 2022, President Ed Seidel, in collaboration with Kevin Carman, Provost, and Executive Vice President, addressed the concerns of UW staff and students.
“We disagree with the Senate position, which thankfully was adopted on the thinnest possible margin. We agree with the House that this amendment should not be considered to germane to the bill, in addition to other serious concerns of both practice and principle that we have with it.”
While governments have the agency to limit curriculum in K-12 settings, limitations on higher education are subject to review under the First Amendment.
According to multiple sources, Education Committee Chairman state Sen. Charles Scott (R) said “I think we’ll hear complaints about how we’re interfering in the internals of the university, but I think what we’re really doing is sending them a message that they need to clean up their act in terms of the quality of the instruction that’s being given.”
One concern was the constitutional implications and government overreach on academic freedom, which under Keyishian v. Board of Regents (1967) and the opinion of Justice Brennan, is a constitutionally protected value that “Our Nation is deeply committed to safeguarding.”
Outside of academics, this amendment would have also removed funding for “extracurricular programs” such as student activities and organizations, including provisional funding for guest speakers associated with or from the field of gender studies.
It is under Rosenberger v Rector and Vistors of the University of Virginia that the prohibition of viewpoints is unconstitutional, risking the oppression of freedom of speech, and ultimately ruled Amendment 9 as ineligible.
The amendment would have been a part of the state’s Appropriations Bill (SF0001) which determines the allocation of sums to be spent between July 1, 2022, and June 30, 2024.