Federal judge won't block DEI ban at Alabama public schools
A 2024 Alabama law banning diversity, equity, and inclusion initiatives in public schools and universities in the state has survived an early legal challenge.
A judge has rejected a motion from opponents of the law who claim it violates their constitutional rights.
Alabama’s 2024 law prohibiting diversity, equity, and inclusion (DEI) initiatives at public schools, including colleges and universities, will remain in effect after a federal judge denied an early request to halt enforcement.
In a 146-page ruling, U.S. District Judge David Proctor rejected a motion from University of Alabama System professors and students who argued the measure violated their First and Fourteenth Amendment rights. Proctor concluded the plaintiffs had not met the high bar for a preliminary injunction, which is granted only in exceptional circumstances. He also removed Gov. Kay Ivey from the case, stating there was no evidence her actions, beyond signing the bill into law, directly caused the alleged harm.
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Senate Bill 129 bans the use of state funds for DEI offices and programs and prohibits teaching certain “divisive concepts,” such as attributing collective responsibility for past actions to people based on race.
Following its enactment, the University of Alabama System shut down DEI offices and eliminated student organizations like the Black Student Union and the LGBT Safe Zone, citing compliance with the law.
Proctor’s decision emphasized that universities have the final say over classroom content when disagreements arise, not professors. He also dismissed claims that the law’s wording is unconstitutionally vague, writing that terms like “objective manner” and “compel assent” would be clear to an ordinary person.
Plaintiffs testified that the law has chilled speech on campus, forcing faculty to change course content and students to alter projects. They also claimed the closures of identity-based student groups have undermined campus support systems. State lawyers countered that these fears are unfounded and that classroom instruction is considered “government speech,” which the university can regulate.
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The case will move forward against the University of Alabama Board of Trustees, the sole remaining defendant. Attorneys for the plaintiffs say they will continue to challenge the law, arguing it suppresses academic freedom and disproportionately harms minority and LGBT students.
”While this is a setback, we are still committed to fighting this discriminatory law that is, in our opinion, violating the First Amendment rights of students and professors,” NAACP Legal Defense Fund lawyer Antonio Ingram told the Alabama Reflector.
Ingram and others opposed to the law argue it is an unprecedented restriction on American universities.