The State Bar of Wisconsin has revised its definition of “diversity” in response to a two-year legal challenge brought by the conservative legal group, Wisconsin Institute for Law & Liberty (WILL), which alleged the bar’s leadership programs discriminated on the basis of race. The bar will now define diversity more broadly, focusing on “differing characteristics, beliefs, experiences, interests, and viewpoints,” rather than referencing protected characteristics such as race, gender, or sexual orientation.
This settlement follows an earlier partial resolution in 2024 concerning a diversity fellowship for law students. Under the terms of the latest agreement, the bar must ensure that its promotional and application materials for the G. Lane Ware Leadership Academy and the Leadership Summit clarify that these programs are open to all members regardless of background.
WILL, which filed the lawsuit in December 2023 on behalf of attorney Daniel Suhr, claimed that using mandatory dues to fund what it alleged were discriminatory programs violated Suhr’s First Amendment rights. A federal judge allowed the case to proceed, finding Suhr had grounds to challenge the use of dues for “non-germane” activities.
This case is part of a broader national trend of legal challenges to diversity initiatives following the U.S. Supreme Court’s 2023 decision prohibiting race-based college admissions. WILL has pledged to monitor the bar and take further legal action if necessary.