A move is being made to block an Alabama law against diversity, equity, and inclusion (DEI) programs and restrictions to so-called "divisive concepts."
Senate Bill 129 (SB129) prevents public universities across the state from dedicating funding to DEI programs.
The Republican majority in the Alabama Legislature passed the proposal last year, which faced push back from Democrats. Gov. Kay Ivey later signed the legislation into law, issuing the following statement:
“My Administration has and will continue to value Alabama’s rich diversity, however, I refuse to allow a few bad actors on college campuses – or wherever else for that matter – to go under the acronym of DEI, using taxpayer funds, to push their liberal political movement counter to what the majority of Alabamians believe.“
The law went into effect in on Oct. 1, and the result has been the closing of DEI offices on multiple university campuses.
Now, the Legal Defense Fund (LDF) and ACLU of Alabama have filed preliminary injunction asking a District Court in Alabama to immediately halt implementation of "the law that limits certain discussions about race and sex-based inequalities."
The move was made on behalf of a group of Alabama educators, students and the Alabama State Conference of the NAACP.
In their motion, the plaintiffs argue that SB129 has imposed severe viewpoint restrictions on professors and students in public Alabama universities, including classroom discussions and university programs.
"Justice demands urgency," said Alison Mollman, ACLU of Alabama Legal Director. "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."
The plaintiffs further argue that it is difficult—if not impossible—to ascertain what exactly is or is not prohibited by SB129 due its vague and confusing language, which further chills their speech.
A previous lawsuit, filed in the U.S. District Court for Northern Alabama on Jan. 14, claims that the legislation violates the First and Fourteenth Amendments of the U.S. Constitution by restricting viewpoints disfavored by legislators with no expertise in higher education and by failing to provide sufficient clarity as to what precisely is prohibited under the new law.
More information on the work being done by the ACLU of Alabama, including the nonprofit's 2025 Legislative Ag can be found here.
