State Resistance and Reinforcement: Diverging Paths in (Anti-)Democratic Education Law

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  In Roundtable Session: Banned, Restricted, and Contested: The Politics of Censorship in Education

Abstract

This study examines the second wave of state legislation in response to anti-Diversity, Equity, and Inclusion (DEI) sentiments nationwide. Using descriptive statistics and content analysis, we categorized as “pro-democratic” or “anti-democratic” 66 bills enacted during two full state legislative cycles (2023-2025). Our findings reveal nuanced variation across states: some codify inclusive policy reforms, while others restrict expression under legal frameworks, such as parental rights. Notably, contrary to narratives of uniform democratic erosion, we also find evidence of state-level resistance. This study contributes to the theoretical understanding of the anti-DEI legislation, by analyzing democratic and anti-democratic education policies. It also contributes to the empirical understanding of anti-DEI legislative trends and raises implications for practice.

Authors

• Shophika Vaithyanathasarma, Boston College

• Sophie Compston, Boston College

• Raquel Muñiz, Boston College