A statue outside of Bryant-Denny Stadium on the campus of the University of Alabama before a game between the Alabama Crimson Tide and the Texas A&M Aggies at Bryant-Denny Stadium on September 22, 2018 in Tuscaloosa, Alabama. A group of UA students and professors filed a federal lawsuit against a state law prohibiting public funding of diversity, equity and inclusion (DEI) programs and the teaching of so-called “divisive concepts,” saying the statute violated their rights under the First and Fourteenth Amendments to the U.S. Constititon. (Wesley Hitt/Getty Images)
A group of college students and professors filed a federal lawsuit Tuesday against a state law barring public funding for diversity, equity, and inclusion (DEI) programs and restricting the teaching of so-called “divisive concepts” at public colleges and universities.
The plaintiffs – three college students enrolled at the University of Alabama Birmingham; three professors working at the University of Alabama in Tuscaloosa and the NAACP’s Alabama chapter – allege SB 129, sponsored by Sen. Will Barfoot, R-Pike Road and passed last year, violates their First and Fourteenth Amendment rights, describing it as vague, discriminatory, and a barrier to free expression.
“A lot of people here, especially in my community, don’t finish school,” said Miguel Luna, a junior at UAB and one of the plaintiffs, in a phone interview Monday evening. “A lot of people don’t go to college, and programs like this — not even just funding for student groups — but initiatives to try to provide more equitable approaches to college applications, are still very important, and it just it hurts me to see that focus kind of shifting the other way, not acknowledging the challenges that different communities face.”
GET THE MORNING HEADLINES.
The suit names Ivey and officials of the University of Alabama System as defendants. Messages seeking comment were left Tuesday with Ivey, the University of Alabama and Barfoot, who is not named in the lawsuit.
The plaintiffs are seeking to overturn the law, restore funding to impacted groups, and secure protections for educators and students to freely engage in discussions about history, race, and social justice.
The legislation, signed by Gov. Kay Ivey in March 2024, prohibits state funds from being used for DEI programs and bans discussions of concepts lawmakers have labeled as divisive. These include claims that “moral character is determined by race, color, religion, sex, or ethnicity,” and that “meritocracy or a hard work ethic” could be viewed as inherently racist or sexist. Violations can result in job termination or disciplinary action.
The law led public colleges and universities, including the University of Alabama and Auburn University, to end or recast their DEI programs. The University of Alabama closed spaces for the campus’ Black Student Union and LGBTQ+ resource center in August, citing the law.
Antonio Ingram, an LDF lawyer representing the plaintiffs in the case, said in an interview Monday evening that SB 129 censors students and professors; limits educational access and suppresses viewpoints the state finds unfavorable.
“We feel like it was designed to target Black students and their experiences inside the classroom and their student groups, but it also has been used to harm other student groups, such as queer students, such as Latinx students, and so it has been quite harmful to a whole array of diverse perspectives and identities,” Ingram said.
Luna said the law has had a chilling effect on student groups and academic discussions. His student organization, Esperanza, which supports Hispanic and Latino students, can no longer access university funds for events because of its mission statement, which aims to help Hispanic and Latinx students “achieve the great things we know are possible.” Such events don’t qualify for funds because it may be considered a divisive concept.
Luna’s group previously collaborated with UAB’s DEI office on initiatives, including Hispanic Heritage Month events. Following the law’s enactment, the office was dissolved, and student organizations promoting cultural and social equity lost financial and institutional support.
Luna said he had also felt a sense of censorship in the classroom.
“You can tell there’s just a different mood in the professor space, and even talking with professors one-on-one, they said that there’s been a lot of conversations about this still in their academic departments, behind closed doors, and how to proceed forward,” he said.
According to Ingram, some faculty members have been threatened with termination for teaching topics that intersect with the law’s vague definitions of divisive concepts.
According to the lawsuit, Cassandra Simon, an University of Alabama professor and plaintiff in the case, was threatened by UA officials with termination for teaching a class titled “Anti-Oppression and Social Justice,” which explores the experiences of people across different identities and looks at systems that oppress marginalized groups.
“As part of her final evaluation for students in the Anti-Oppression and Social Justice course, Plaintiff Simon requires students to design a project that addresses an injustice of some sort,” the lawsuit stated. “In the Fall of 2024, students selected as their project a demonstration to highlight the negative effects of SB 129. The dean of the School of Social Work threatened Plaintiff Dr. Simon with termination if she allowed the class project to go forward, citing SB 129. In the face of this threat, Professor Simon canceled the class project.”
Simon, who plans on teaching the class again in the spring, said in a statement the law is the “most egregious infringements on the rights of students to receive the quality of education they deserve.”
“While the law’s vague and opaque language promotes uncertainty and fear on campus, it also prevents the full elimination of white supremacy and its lingering impact in present-day Alabama,” the statement said. “Inclusive curriculum and campus spaces are undeniably a strength in higher education, and, as a professor, I’ve witnessed how teaching and engaging with some of these so-called ‘divisive concepts’ can be transformative for both professors and students.”
Ivey defended the legislation in a statement at the time of its signing, saying it would protect campuses from “liberal political movements” and promote equality. Opponents view it as part of a broader effort to dismantle DEI initiatives in education.
“We’ve had a very checkered history in this state concerning anything racial, so I’m just hoping that we can succeed and that we can just continue forward, and hopefully, it’s my hope that if we do succeed, it can send a message to a lot of people that different communities face different challenges. We need to start talking about that instead of ignoring it,” Luna said.
YOU MAKE OUR WORK POSSIBLE.