Resistence Mounts Against Alabama's DEI Bill

On January 14th, 2025, Alabama professors and students joined forces to file a federal lawsuit against the Governor of Alabama challenging SB-129. This bill instituted a ban on all DEI programs at public universities and restricts discussions on race and gender in college classrooms. Employees breaking this new legislation can find themselves receiving disciplinary action or termination. The lawsuit, backed by the state conference of the NAACP and the American Civil Liberties Union (ACLU), claims that the bill is a direct violation of the First Amendment with the restrictions now placed in the classroom. Critics of the bill cite much of the language used in the criterion as “wide-ranging and vague.” Due to this vagueness they feel their lawsuit has the following reasons for being justified:

• First Amendment Violation: Plaintiff’s see this law as a gross overstep of the First Amendment, limiting the ability of educators to teach about race and gender issues from certain perspectives.
• Discriminatory Impact: The law disproportionately affects black students and faculty by targeting race-related programs and eliminating resources that have been allocated towards minority groups.
• Restriction Of Academic Freedom: Professors backing the lawsuit believe that they are unable to teach certain subjects or engage students in “meaningful” discussions on systemic inequalities.

As listed in the lawsuit, the case’s defendants are Alabama’s Governor Kay Ivey and The Board of Trustees of the University of Alabama & the University of Alabama at Birmingham. Governor Ivey has been a staunch supporter of SB-129 with her signing it back in March of 2024. The bill’s supporters in the legislature signed the bill with the goals of :

• Preventing Political Indoctrination: Backers of the bill believed that the DEI initiatives in classrooms promoted ideological indoctrination, compelling students and professors to comply with the university’s mandate.
• Promotion Of Equal Treatment: Legislators claim that these DEI initiatives promote preferential treatment in the classroom based on race and gender.
• Legislative Intent Against "Divisive Concepts": The law seeks to ban the promotion of ideas considered divisive, such as concepts that might induce feelings of guilt based on race or gender.

“Supporting academic freedom, embracing diversity of cultures and backgrounds and treating people fairly are all key components of what we believe in Alabama, and I am more than confident that will continue,” stated Governor Kay Ivey.

This lawsuit joins the growing trend of liberal universities counter attacking the anti-DEI initiatives seen in Republican led states. This bill is being earmarked by many as it has similar language to Florida’s “Stop WOKE Act,” which was partially blocked by a federal judge in 2023 finding that it impeded on the free speech of students.

The latest development in this case came on January 31st, when the ACLU filed an injunction to temporarily halt the motion while the lawsuit proceeds.

“Students and professors in our state have dealt with this unconstitutional law for several months and deserve to learn in a classroom that is free of censorship and racial discrimination.” stated Allison Mollman, legal director of the ACLU of Alabama.

There has yet to be a court date set for the motion to be heard. The state has yet to release an official response.