Alabama lawmakers have approved a bill that, if signed into law, would ban public schools and universities from supporting or financing programs that promote diversity, equity, and inclusion.
Alabama lawmakers have introduced a bill, SB129, that aims to mandate public universities to designate restrooms based on biological sex. According to Alabama law, biological sex is determined by the individual’s original birth certificate. This requirement seeks to align restroom usage with an individual’s birth-assigned gender rather than their gender identity.
The bill is now on its way to Gov. Kay Ivey’s desk, and it is anticipated that she will sign it into law.
Amid a nationwide conservative push to limit the rights of transgender and LGBTQ individuals and ban DEI programs following the Supreme Court’s overturning of affirmative action, SB129 has emerged.
The proposed legislation aims to prevent local public school boards and universities from having an office or department dedicated to promoting DEI. Additionally, it would prohibit students, employees, and contractors from being compelled to participate in any DEI training, orientation, or coursework that promotes or mandates agreement with divisive concepts.
The legislation defines eight specific ideas that are considered divisive. These include conversations about both conscious and subconscious racism and sexism, as well as debates about whether concepts such as meritocracy or a strong work ethic can be seen as racist or sexist.
If the legislation is enacted, state agencies, including local boards of education and public universities, would have the authority to discipline or terminate the employment of any employee or contractor who knowingly violates this act.
The bill, however, makes it clear that it does not prevent students and staff from organizing DEI programs, as long as no state funds are used. Universities can still carry out recruiting and outreach programs and teach subjects and events in a historically accurate manner.
If Governor Ivey signs the bill, it will take effect on October 1, 2024.
Protesters gathered outside the Alabama state capitol earlier this month, urging lawmakers to reject the bill. They held signs that emphasized the importance of diversity for a thriving democracy and the life-saving impacts of DEI (Diversity, Equity, and Inclusion).
The ACLU of Alabama criticized state lawmakers’ attempt to portray DEI programs as “divisive.”
According to a statement on their website, the legal advocacy group expressed that this bill aims to discourage discussions about race, class, sexuality, and national origin, as well as label accurate teachings, assignments, and trainings on these topics as ‘divisive’.
Birmingham Mayor Randall Woodfin has expressed his support for Black athletes considering attending universities outside of Alabama if the bill were to become a law.
Mayor Woodfin expressed his disappointment with the state of Alabama’s decision to prohibit universities from promoting diversity and inclusion among their faculty and staff. He questioned why they would hinder fair representation and opportunities for all individuals.
“I may be the biggest Bama fan, but I have no issue bringing together Black parents and athletes to consider attending schools in other states that prioritize diversity and inclusion.”
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