John D. Haltigan sued the University of California at Santa Cruz in May. He wants to work there as a professor of psychology. But he alleges that its hiring practices violate the First Amendment by imposing an ideological litmus test on prospective hires: To be considered, an applicant must submit a statement detailing their contributions to diversity, equity, and inclusion. According to the lawsuit, Haltigan believes in “colorblind inclusivity,” “viewpoint diversity,” and “merit-based evaluation”—all ideas that could lead to a low-scoring statement based on the starting rubric UC Santa Cruz publishes online to help guide prospective applicants. “To receive a high score under the terms set by the rubric,” the complaint alleges, “an applicant must express agreement with specific socio-political ideas, including the view that treating individuals differently based on their race or sex is desirable.” Thus, the lawsuit argues, Haltigan must express ideas with which he disagrees to have a chance of getting hired….
What began as an option to highlight work that advanced “diversity and equal opportunity” morphed over time into mandatory statements on contributions to “diversity, equity, and inclusion.”…