Alabama DEI law faces scrutiny as judge weighs First Amendment claims
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Professors and students at the University of Alabama testified Thursday that a new state law targeting diversity, equity, and inclusion initiatives has disrupted funding and changed curriculum, as a federal judge considers whether the legislation is constitutional ahead of the upcoming school year.
The law, SB129, is part of a broader push by Republican lawmakers across the country to limit DEI programs on college campuses. In response, universities nationwide have closed or rebranded student affinity groups and DEI offices.
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SB129 prohibits public schools and universities from using state funds for any curriculum that endorses or mandates agreement with viewpoints about eight "divisive concepts" related to race, religion, and gender identity. The law also bars instructors from encouraging individuals to feel guilt because of those identities. However, schools can still hold "objective" discussions on these topics under the legislation.
Dana Patton, a political science professor at the University of Alabama, is one of six professors and students who filed a lawsuit against the university and Gov. Kay Ivey in January. The plaintiffs argue the law violates the First Amendment by restricting educators' speech based on their viewpoints. They also claim the law unfairly targets Black students by emphasizing race-related concepts and curtailing programs that benefit them.
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Patton testified that shortly after the law went into effect in October, university officials informed her that five students had filed complaints alleging her interdisciplinary honors program might conflict with the new law. The program, which emphasizes social justice and community service, became a focus of scrutiny.
University officials told Patton a "powerful person" in the state Capitol was behind the complaints, she said during testimony.
The complaints alleged the program "promoted socialism" and focused on "systematic racism" and "producing engaged global citizens as opposed to patriotic Americans," according to evidence presented in court. Students also claimed they "felt unsafe" because "the leadership of the program has a clear view of the world from a divisive perspective."
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"I was completely shocked, stunned," Patton said.
Following weeks of meetings in which Patton explained her course content to administrators, she said she met Alabama Rep. Danny Garrett at a football game. Garrett told her, "We need compromise here," because the legislators involved in the complaints are "tenacious" and "not going to let this go." He later sent her links to work he had done with Black Democratic lawmakers to address racial issues following George Floyd's death.
Patton said the conversation felt like a threat because Garrett chairs the Alabama House Ways and Means Education Committee, which oversees university funding.
The tenured professor said she has since removed some course material from her syllabus and stopped posting lecture slides online, fearing her lessons could be misinterpreted.
Garrett declined to comment on the lawsuit.
University lawyer defends law
Jay Ezelle, the attorney representing the University of Alabama Board of Trustees, defended the law, saying the school is obligated to investigate if students complain about being graded on opinions instead of performance.
"If that's violated, the university has to investigate, correct?" Ezelle asked during cross-examination.
He added that the law had not caused measurable harm to the plaintiffs, pointing out that no faculty members had been terminated or formally disciplined. He also noted that administrators had secured private funding for some affinity groups, which still have access to campus facilities.
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Professors and students voice concerns
Other professors testified that they felt compelled to remove certain assignments or stop offering specific classes due to Patton's experience and university guidance about the risks of teaching "divisive concepts."
Sydney Testman, a rising senior, said she lost her scholarship because it was tied to her job with the Social Justice Advocacy Council, which was terminated after SB129 became law.
"No one wants to say it's disproportionately affecting Black people," Testman said. "The vibe is kind of 'everyone fend for yourselves.'"
Judge to decide before school year
Chief Judge R. David Proctor said the case will largely hinge on whether classroom speech is protected under the First Amendment and whether the state has the authority to influence curriculum. He will also consider whether the six professors and students who filed the lawsuit have been harmed by the law.
Proctor said he plans to issue a decision in time for Alabama schools to have "clarity by the start of school."
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The preceding article includes information contributed by The Associated Press.