Alabama Legislature passes legislation banning state funding of DEI, limiting teaching of ‘divisive concepts’

Festive banners and bunting hang from and around the Alabama Capitol.
Dave Martin, Associated Press
Festive banners and bunting hang from and around the Alabama Capitol. Birmingham-Southern College announced Tuesday that its operations will cease by the end of May.

Alabama’s Republican-led Legislature passed a new measure to ban state funding of diversity, equity and inclusion (DEI) programs at public universities, local boards of education and government agencies. 

The legislation limits teaching “divisive concepts” about race and gender and prohibits transgender students from using the bathroom that aligns with their gender identity at public universities and colleges. 

Under the legislation, “divisive concepts” are defined as assigning “fault, blame or bias” to any race, religion, gender or nationality. 

The bill adds that concepts such as teaching that a person is “inherently responsible for actions committed in the past” or that a person should “accept, acknowledge, affirm or assent to a sense of guilt, complicity or a need to apologize” based on their race, religion, gender or background are also divisive.

But the bill clarifies that DEI programs and discussions are allowed on campuses, so long as state funds are not used for these events. 

The passage of the bill brought out tensions between Democrats and Republicans. 

While Republican state Rep. Ed Oliver, a lead sponsor of the bill, condemned DEI initiatives for trying “to deepen divisions, set up race-exclusionary programs and indoctrinate students into a far-left political ideology,” Democrats across the state have questioned the constitutionality of such limitations and raised concerns about the impact on Black students, staff and faculty. 

Randall Woodfin, mayor of Birmingham, went as far as to post on Facebook last month urging Black students to look for universities outside the state where “diversity and inclusion are prioritized.”

The issue of DEI has become a widespread concern among Republicans. 

At least 22 states have introduced legislation targeting diversity and inclusion efforts at universities as of July 2023, according to The Chronicle of Higher Education. 

In both Florida and Texas, colleges have begun terminating DEI positions. The NAACP last week urged Black students to boycott Florida universities. 

At least eight of Alabama’s public colleges have a specific office dedicated to DEI efforts. The colleges spent a combined $16 million on diversity efforts like recruitment, improving graduation rates and campus cultural events and programs. 

Students across the state have expressed their disapproval of the new legislation. A petition in opposition of the bill has garnered nearly 6,000 signatures as of Tuesday evening. 

The petition argues that the legislation endangers LGBTQ-serving organizations, African American studies programs, and even Divine Nine Greek life. 

“Our universities thrive on our diverse communities and the exchange of ideas they foster,” the petition states. 

The legislation now heads to Gov. Kay Ivey (R) for her signature. If she signs the bill, the law will go into effect Oct. 1. 

Tags Alabama DEI Kay Ivey Kay Ivey NAACP

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