A federal judge in Alabama on Wednesday rejected a request by the ACLU of Alabama to stop an anti-DEI law passed by state lawmakers in 2024.
The new law was enacted on Oct. 1, 2024. State Sen. Will Barfoot (R-Pike Road) sponsored the bill, which sailed through the Alabama Legislature despite condemnation from Democratic lawmakers and liberal advocates.
The law prohibits agencies, local boards of education, and public colleges and universities from maintaining a DEI office or department or sponsoring any DEI program or program that advocates for a divisive concept.
The ACLU sued to stop the new law in January on behalf of a group of University of Alabama faculty members and students. However, Alabama Northern District Judge Chief U.S. District Judge R. David Proctor rejected the liberal group’s efforts in an opinion on Wednesday.
“Even if Plaintiffs had challenged SB 129 as lacking explicit standards or minimal guidelines, a review of the text reveals that the law provides both. Each of the eight divisive concepts and a “diversity, equity, and inclusion program” are defined with terms that make clear what is prohibited,” Proctor said in a filing on Wednesday. “The Act includes objective terms about what is prohibited (such as requiring student assent to a divisive concept); there is a scienter requirement (which is frequently upheld in civil and criminal laws); and there is a safe harbor that permits teaching about these concepts in an objective manner and in a historically accurate context.”
To connect with the author of this story or to comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
