A controversial bill that would ban diversity efforts in state institutions and schools has passed the Alabama House of Representatives and is now just two steps away from becoming law.

SB129, authored by Sen. Will Barfoot, R-Pike Road, would prohibit government institutions, including state agencies, public schools and colleges, from funding a diversity, equity and inclusion office and from sponsoring DEI programs or any program that “advocates for a divisive concept.”

It also would prohibit higher education institutions from allowing individuals to use a restroom that is different from their sex as assigned at birth.

After nearly four hours of debate Thursday, the Alabama House passed an amended version of the bill on a 75-28 vote along party lines. The Senate will have to concur on the amendment before it goes to Gov. Kay Ivey’s desk to sign into law.

Co-sponsor Rep. Ed Oliver, R-Dadeville, on Thursday called diversity and inclusion programs “radical and divisive offshoots of critical race theory” that force students to accept a “far-left ideology.”

After questioning, Oliver gave only one example of so-called “indoctrination,” noting a student who he said withdrew from a class after a teacher criticized law enforcement.

Several Democrats challenged Oliver’s characterization of DEI programs, crediting those offices for improving diversity and student success on campus. Some lawmakers said they wouldn’t be able to be on the floor today without the help of policies and programs aimed at improving educational access for Black students.

Others questioned the sponsor’s intent, suggesting the bill was part of a larger political motive.

“I don’t know how anybody can believe that your bill says that we’re all God’s children, and that we shouldn’t be spending any money to make sure children are treated equally,” Rep. Mary Moore, D-Birmingham, told Oliver.

Origins of the bill

“Divisive concepts” bills first emerged after a 2020 Executive Order from former President Donald Trump, which targeted diversity trainings in government institutions and took aim at critical race theory, a 50-year-old legal concept typically taught in law school classes.

Alabama’s bill, which originated in 2021, has been moving swiftly through the legislature this year – unlike previous versions that never reached final passage.

According to the Chronicle of Higher Education, at least 22 states have introduced legislation targeting college diversity and inclusion efforts as of July 2023. In Florida and Texas, some colleges have already terminated dozens of DEI positions and have threatened funding for student groups.

In Alabama, at least eight public colleges have a specific office dedicated to diversity and inclusion efforts. Combined, the institutions reported at least $16 million in spending on wide-ranging diversity efforts, including student and staff recruitment, improving graduation rates, and supporting cultural events and programs on campuses.

Oliver noted a legislative review of the expenditures, claiming the costs of DEI efforts were outpacing improvements in campus diversity.

“What we believe at this point is that these programs don’t work,” he old legislators.

A fiscal note now says that the legislation could reduce expenditures “by an undetermined amount,” depending on how much institutions are currently spending on diversity, equity and inclusion initiatives.

What the bill would do

The original legislation listed nine so-called “divisive concepts,” with most covering topics related to race, ethnicity, sex, religion and national origin.

The bill will no longer prohibit college staff from discussing whether slavery and racism are aligned with the founding principles of the United States. It will add specific protections for women’s sports, the state Office of Minority of Affairs, funding for student and staff organizations, and would add “sex” to the list of protected classes in places where it was omitted.

The bill also says it will not impede federal reporting requirements or support services, prohibit housing or organizations that are segregated by sex, or affect student group activities or “certain circumstances relating to accreditation.”

Students or staff may host a DEI program or event, it added, but must not use state money to fund it.

Rep. Prince Chestnut, D-Selma, offered an amendment Thursday that would add protections for academic freedom, intellectual diversity and free expression. The House unanimously approved the change.

AL.com asked a handful of universities – the UA System, Auburn, The University of South Alabama and Alabama State University – whether they would eliminate DEI offices and staff roles if the bill passed.

So far, no universities have given a direct answer, but some said they will continue to work with legislators and act consistently with the law.

“As a land-grant university, Auburn is committed to delivering exceptional experiences and support to all of our students with particular emphasis on providing access and opportunity to the citizenry of Alabama so that they benefit fully from an Auburn education,” an Auburn spokeswoman said in a statement.

“We work hard each day at Auburn to create an environment where our faculty, staff and students are welcomed, valued, respected and engaged. We remain committed to providing these exceptional experiences while continuing to support academic freedom and freedom of expression. As always, Auburn will act consistently with applicable state and federal law.”

The Alabama State Department of Education has not responded to a request for comment by the time of publication. No public school systems appear to have a DEI office or dedicated DEI staff, but some student clubs could be affected.

‘We must be honest’

In a statement Thursday morning, Montgomery Public Schools Superintendent Melvin Brown said the bill could also thwart efforts of local educators, who work hard to “create a culture of belonging,” and ensure their classrooms allow students to feel safe and prepared for a changing world.

“Given the historical context of our country’s experiences, we must be honest about who we have been, who we are, and who we want to be,” the statement read. “Everyone deserves to see that he or she is reflected in and celebrated by our society.”

In a news release Thursday, the Southern Poverty Law Center called the bill “unconscionable” and said it would set a “dangerous precedent for students and teachers.”

Advocates noted how, over the past few weeks, the legislation has sparked protests across Alabama college campuses and in the state house halls.

“Students want diversity, equity and inclusion in their schools and institutions of higher learning because they know that when these programs are in place, they can freely be themselves without fear of harm,” said Jerome Dees of the SPLC Action Fund

A petition created by students at the University of Alabama at Birmingham to oppose SB129 has gained over 5,400 signatures as of Wednesday evening. At UA, after nearly 200 students rallied in support of the school’s DEI programs, the student government passed a resolution opposing the bill.

On Wednesday, more than 100 students representing colleges across the state traveled to the state capitol to tell lawmakers how diversity programs have improved their campus experience, made them more equipped for the workplace, and, at some points, saved their lives.

Some said the bill would threaten programs that helped female students get jobs, and made accommodations for veterans and international students. Others said their professors are terrified of losing their jobs. Students also worried about the future of HBCUs in the state.

At the rally, Miguel Luna, the co-founder of a Hispanic-led organization at the University of Alabama at Birmingham, credited a DEI employee for improving access to bilingual families. The school now offers tours for prospective students in Spanish, thanks to her work.

“This progress is an example of what DEI programs can do, and it’s another example of how much can be taken away,” he said.

The Senate remains in session and will need to concur on the amended bill before it goes to the governor. If the Senate does not concur, the bill will go to a conference committee.