MONTGOMERY — The State took a significant leap in restricting classroom discussion on gender identity in schools and drag performances in public libraries after a series of bills passed the Alabama House of Representatives on Thursday.
House lawmakers gathered in Montgomery on Thursday to tackle arguably the most controversial calendar of this session.
Two bills that touched the subject of transgenderism and gender identity appeared back-to-back, clearing the House after a day of vigorous Democratic pushback.
First up was House Bill 67 (HB67) by House Majority Leader Scott Stadthagen (R-Hartselle).
The legislation would prohibit public K-12 schools and public libraries from knowingly presenting or sponsoring drag performances in the presence of a minor without the consent of the minor's parent or legal guardian.
It would also prohibit certain state entities from allowing minors to share certain facilities with members of the opposite sex during overnight programs operated or sponsored by the state entity unless the other individuals are family members of the minor and the minor's parent consents.
The second part of the bill's provision came due to drama last year after a Huntsville father revealed that Molly Bowman, a biological male who identifies as a female, would be working in the overnight camp at the U.S. Space and Rocket Center's Space Camp in Huntsville, where he planned to send his daughter.
Surprisingly, not a single Democratic lawmaker spoke in opposition to HB67, clearing the House with a vote of 76-9-9 in mere minutes.
The same could not be said for the next bill by State Rep. Mack Butler (R-Rainbow City) banning instruction and discussion related to gender identity or sexual orientation in public pre-K-12 classrooms.
House Bill 244 (HB244) is an extension of a bill passed in 2022. The 2022 bill banned classroom instruction or discussions regarding gender identity or sexual orientation in a manner that is not "age or developmentally appropriate."
Butler attempted a similar bill during last year's legislative session, which passed the House but stalled in the Senate.
According to Butler, HB244 would bring state law in line with a recent executive order from President Donald Trump, using the threat of cutting federal education funding for schools that continue to push "gender ideology" and other forms of "indoctrination."
The bill would also prohibit teachers and education employees from displaying a flag or insignia relating to sexual orientation or gender identity on school property and using pronouns that do not relate to a student's biological sex.
First up to protest the bill was State Rep. Neil Rafferty (D-Birmingham), the only openly gay member of the legislature. Rather than speaking against the bill's provisions, Rafferty gave an impassioned monologue directed at young LGBTQ+ youth, whom he claimed would be harmed by Butler's bill.
"The kids we're talking about in this bill, they're not theories," Rafferty said. "They're not talking points. They're not threats to be neutralized. They're people. They're our people. They're Alabamians, and they deserve better than what we are offering them right now. When we strip their identities from the classroom, we are telling them that the best they could hope for is silence. I think that's actually what you want from this bill."
State Rep. Phillip Ensler (D-Montgomery) asked if historical events or figures would be excluded from the curriculum if the bill became law.
Butler responded emphatically that it would not, reiterating that the bill does not infringe on students' rights. Instead, it relegates teachers to following the curriculum in the classroom.
"The whole purpose of this is to stop the indoctrination that's taking place with gender identity and sexual orientation," Butler said. "A student does not lose their First Amendment right. They can talk to the teacher, the nurse, the counselor. But the classroom discussion and instructions will be on the curriculum."
State Rep. Marilyn Lands (D-Huntsville), who has distinguished herself as one of the most progressive Democrats in the House, also railed against the bill, echoing incorrect talking points that have pervaded discourse surrounding gender identity.
"Gender is not a dualistic construct," Lands said. "There are not just two types. Gender exists on a continuum. And while many of us want to believe that the world can be divided into sets of opposites: good vs bad, right vs wrong, guilty vs innocent, it's not that easy or simple."
She continued, "I want to take a minute and just share some science with you. 1.7% of people are born intersex. It is sometimes known at birth and sometimes not until later, especially at adolescence."
While the claim that 1.7% of people are born intersex is a frequent claim among transgender advocates, in reality, the accepted definition of "intersex" within medicine and biology refers to a condition where an individual's chromosomal sex is inconsistent with phenotypic (observable) sex. This number has consistently been 0.018% of the population.
However, in recent years, transgender advocacy groups have changed the definition to include many conditions, including low testosterone, high estrogen, enlarged clitoris, small penis, androgen receptor modulation conditions, and any number of minute alterations within hormonal and chromosomal makeup.
In fact, the term "intersex" has become so diluted that Planned Parenthood claims a person can live their whole life being "intersex" and never know it.
Despite the pushback, HB244 passed after a relatively short amount of time, earning a vote of 74-15-7. Additionally, 22 Republicans voted to have their names added as co-sponsors.
Both bills will now have to clear the Senate before going to Gov. Kay Ivey's desk for her signature to become law.
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