MONTGOMERY, Ala. — Professors and students from Alabama have initiated legal action against a recent state law that prohibits diversity, equity, and inclusion (DEI) initiatives in educational institutions and restricts discussions regarding race and gender in college courses.
The lawsuit claims that this law infringes upon the First Amendment by imposing limitations on educators’ speech and classroom discussions based on their viewpoints. The plaintiffs contend that the legislation is unfairly discriminatory towards Black students, as it targets discussions around race and racism, curtails programs designed to aid Black students, and removes campus facilities dedicated to organizations that support them.
Representing the Alabama State Conference of the NAACP, along with faculty and students from both the University of Alabama and the University of Alabama at Birmingham, the NAACP Legal Defense Fund and the American Civil Liberties Union of Alabama have filed the lawsuit. They seek a federal court’s ruling to declare the law unconstitutional and to prevent the state from enforcing it.
Antonio L. Ingram II, a senior counsel at the Legal Defense Fund, expressed concerns about the law, stating, “The Alabama Legislature’s efforts to censor crucial discussions surrounding racial and gender disparities represent a violation of the constitutional rights of those in academia.” He emphasized the heightened impact on marginalized groups, particularly Black, LGBTQ+, and other faculty and students of color, whose histories and lived experiences have often been overlooked at their schools.
The Alabama law, effective since October 1, is part of a broader movement among Republican lawmakers nationwide aimed at curtailing DEI programs in higher education. Proponents of the law argue that such programs exacerbate societal divisions and promote a specific political agenda. Conversely, critics view this law as a regression of recent progress towards inclusivity in the academic environment. The lawsuit names both Alabama Governor Kay Ivey and university trustees in its filings.
In response to inquiries, a spokesperson for Governor Ivey stated, “The governor supports this legislation and its objectives.”
The statute in question forbids universities, public K-12 institutions, and state agencies from facilitating DEI programs, which are characterized as classes, training sessions, or events that limit attendance based on attributes such as race, gender identity, ethnicity, national origin, or sexual orientation. It further prohibits educational offerings that promote what it calls “divisive concepts,” including notions suggesting that individuals should feel guilt due to their race, or that fault should be attributed based on elements like race, religion, gender, or national origin.
The lawsuit outlines specific instances where the new law has impacted students and educators. One social work professor reported being threatened with termination unless she abandoned a student project focused on analyzing the potential repercussions of this law. Additionally, a political science instructor noted that university officials warned her that her course on poverty could breach the law because of its perceived emphasis on systemic racism.
In light of the law, several universities have closed or rebranded their DEI offices. Lynn L. Cole, a representative for the University of Alabama system, chose not to comment on the lawsuit.
In a related situation, a lawsuit in Florida previously contested a state law known as the “Stop WOKE” act, with a federal judge granting a temporary injunction in 2022 against part of the law that restricted certain racial discussions within higher education. This case remains open on appeal, and as of July, the judge also overturned another aspect of the law that pertained to private businesses.
