Alabama Republicans Pass Comprehensive Legislation Targeting DEI

Alabama Republicans pushed through an extensive measure That Tuesday would not only ban state funding for diversity, equity and inclusion programs at public universities, local boards of education and state agencies, but also limit the teaching of “divisive concepts” around race, gender and identity.

The bill received broad support in the state Legislature but was fiercely opposed by student groups, civil rights advocates and Democrats who said it was a chilling attempt to undermine free speech and diversity efforts, especially given Alabama’s history of educational segregation and racism.

The bill also bans public universities and colleges from allowing transgender people to use bathrooms that align with their gender identity.

With the legislation, Alabama lawmakers join a broad, right-wing campaign that has targeted DEI programs and initiatives, and sought to roll back or to limit.

But the debate is especially charged in Alabama. Democratic lawmakers there underscored their opposition by invoking the state’s past, including when Gov. George Wallace “stood at the schoolhouse door” to prevent black men from enrolling at the University of Alabama.

And at least one Democratic elected official, despite his allegiance to Alabama football, suggested student athletes should consider looking elsewhere.

“Would you be cool with your child playing at schools where diversity among staff is actively discouraged?” asked Birmingham Mayor Randall Woodfin in a Facebook post last month. “While I am the biggest Bama fan, I have no problem organizing Black parents and athletes to other out-of-state institutions where diversity and inclusivity are prioritized.”

The legislation, which would take effect Oct. 1, now goes to Gov. Kay Ivey, a Republican, for her signature.

Alabama Republicans have repeatedly tried to restrict DEI programs at public institutions in recent years. State Rep. Ed Oliver, a Republican and the bill’s lead sponsor, recently condemned the initiatives as aiming to “deepen divisions, create racial exclusionary programs and indoctrinate students into a far-left political ideology.”

Another major Republican sponsor, Senator Will Barfoot, said that “Higher education must return to its essential foundations of academic integrity and the pursuit of knowledge, rather than being corrupted by destructive ideologies.”

Democrats, who broadly opposed the bill, warned it would infringe on the constitutional rights of faculty, staff and students. In impassioned speeches, Black lawmakers recalled the state’s history of racism and disenfranchisement and their own experiences with discrimination, as well as the opportunities they had received through DEI programs.

“The progress we’ve made in this country — race relations, human rights, social rights, social justice — is slowly being reversed,” said state Rep. Juandalynn Givan, a Democrat. She added: “It is slowly stripping away our racial ethnicity and the meaning of our skin color in any shape, form or fashion.”

The bans are largely aimed at teaching “divisive concepts,” which the bill defines in part as attributing “fault, blame or prejudice” to any race, religion, gender or nationality. Other examples of divisive concepts include teaching that a person is “inherently responsible for actions committed in the past” or that a person must accept “a sense of guilt, complicity, or the need to apologize,” acknowledge, affirm, or agree with, based on his or her feelings. race, religion, gender or background.

The legislation also says its language may not prohibit DEI programs or discussions from taking place on campus as long as state funds are not used. And it says the bill should not prevent “the teaching of topics or historical events in a historically accurate context.”

The debate focused largely on the law’s effect on the state’s public universities, land-grant universities and historically black colleges and universities, where several DEI organizations and programs exist.

Some staff, students and critics say that amid backlash over the way racism and Black history are taught, the lack of funding and fear of breaking the law may be enough to shut down such discussions. PEN America, the free speech group, warned last month that the bill was a “pernicious education ban” that would lead to “a campus environment devoid of intellectual freedom.”

Opponents have raised concerns about the bill’s vagueness, as the legislation allows employees of public colleges and universities to be disciplined or fired for violating the measure. They pointed to Florida, where a similar law is in place and where several schools have eliminated or reduced positions related to DEI

Critics also warned that the bill would historically be more likely to impact Black colleges and programs that have already struggled to receive equitable funding and resources.

Outside the state Capitol in Montgomery this month, members of black fraternities and sororities, LGBTQ groups and students from several of the state’s public schools and historically black colleges protested the measure. Singing “DEI Saves Lives,” they told stories about how the programs had helped them navigate predominantly white institutions or find opportunity and support in college.

The state’s major public universities — Auburn University and the constellation of schools in the University of Alabama system — have not explicitly addressed how the legislation would affect their offices or programs, beyond pledging to provide a welcoming and maintain a respectful environment on campus.

The two schools and their DEI programs were highlighted in a report titled “Going Woke in Dixie?” released by the Claremont Institute, a think tank that has advocated for anti-DEI legislation across the country.

“We are committed to providing resources and opportunities accessible to all, and will continue to work with the Legislature as we equip our campus community members for success at our universities and beyond,” said Lynn Cole, University spokeswoman of Alabama. system.

Jennifer Adams, a spokeswoman for Auburn University, said the institution placed “particular emphasis on providing access and opportunity to the citizens of Alabama” and “will act in accordance with applicable state and federal law.”