A Sweeping New Alabama Law Restricts DEI Programs and Includes an Anti-Trans Bathroom Ban

This blog originally appeared at THEM.

In recent years, there has been a significant surge in Republican-sponsored bills across the United States aimed at opposing DEI (Diversity, Equity, and Inclusion) programs.

On Wednesday, Alabama Governor Kay Ivey signed into law a comprehensive anti-diversity bill, backed by Republicans, which also includes a ban on transgender individuals using certain college campus bathrooms.

Senate Bill 129, now law, prohibits any state agency or educational institution from promoting or enforcing diversity, equity, and inclusion (DEI) programs. The bill broadly defines DEI events or programs as those that factor in an individual’s race, sex, gender identity, ethnicity, national origin, or sexual orientation, categorizing such initiatives as “divisive concepts” unfit for educational curricula. The exception to this rule is if no state funds are involved in sponsoring these programs, allowing schools or government offices to continue DEI efforts.

Effective from October 1, the law mandates that multiple occupancy restrooms in public higher education institutions be designated based on biological sex, effectively marginalizing transgender students and staff who are then left with the choice of outing themselves or using single-occupant facilities.

Opposition to SB 129 was vocalized by various groups, including the free speech advocacy organization PEN America, which labeled the bill as the most restrictive educational censorship since Florida’s “Stop WOKE” Act. It noted that the bill’s definition of “divisive concepts” mirrors a 2020 executive order by then-President Donald Trump.

Prior to its passage by the state House of Representatives, students from 10 Alabama universities staged a protest at the Montgomery State House on March 6, criticizing Republican lawmakers for their lack of engagement. Neph Irvin, a sophomore at the University of Alabama in Huntsville, expressed frustration, stating, “They say that we’re their futures, and yet they are technically trying to take our futures away from us, which doesn’t make any sense. We shouldn’t have to go back in history.”

In February, Birmingham Mayor Randall Woodfin, a Democrat, sharply criticized the bill during a committee hearing, drawing parallels between its provisions and the segregationist policies of George Wallace, a notorious figure in Alabama’s history.

SB 129, authored by Sen. William Barfoot, a Republican, marks another step in his legislative efforts against DEI initiatives. Barfoot, who secured his Senate seat in 2018 following previous roles as a delegate and legal counsel for then-presidential candidate Mike Huckabee, had introduced a similar bill during the 2022 legislative session. However, this prior attempt to classify DEI as a “divisive concept” and prohibit state collaboration with DEI contractors did not advance to a vote, as per the legislature’s website.

Governor Ivey’s signing of SB 129 adds to a series of anti-LGBTQ+ measures she has endorsed in recent years. In 2022, alongside a ban on gender-affirming medical care for trans youth, Ivey signed House Bill 322, mandating K-12 schools to segregate facilities solely based on “biological sex.” Her support for restricting participation in high school sports teams to “biological sex” was extended to colleges the previous year.

The escalation of Republican-backed bills opposing DEI programs, under the guise of their interpretation of such initiatives, has surged nationwide. Conservative organizations like the Heritage Foundation have spearheaded anti-DEI campaigns, aided by figures such as Chris Rufo, known for his role in promoting misinformation about “critical race theory” and the LGBTQ+ community.

This conservative backlash is particularly evident in Florida, where Governor Ron DeSantis has overseen the dismantling of DEI efforts in state colleges, resulting in the elimination of entire degree programs. Not even traditionally conservative entities are exempt; last year, even Chick-fil-A, known for its conservative stance on issues like same-sex marriage, faced accusations of being “woke” due to the employment of a vice president for DEI.