After lengthy debate, a new version of an Alabama bill targeting campus diversity efforts will now include some key protections for Title IX programs and state minority offices.

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.”

After a six-hour discussion Thursday, the Senate approved the legislation on a 26-7 vote along party lines.

Despite some key changes, Democrats remain concerned about the “chilling effect” the legislation could have on local schools and colleges. Critics also worry it could hurt the state’s ability to recruit businesses and could make Black students question whether they are welcomed at state universities.

On the stand Thursday, Sen. Rodger Smitherman, D-Birmingham, said the bill will ultimately be a “litmus test” for the state’s higher education institutions. Those that want to pursue diversity work will find a way to do so within the confines of the law. Others, he said, will now have more reasons not to.

“We still think it was a bad bill,” Sen. Bobby Singleton, D-Greensboro, told AL.com after the vote. “It’s an unnecessary bill, a bill based on concepts that are really not happening in Alabama. It’s a bill that was brought down from some national politics.”

“And so with that, we have to understand where we are,” he said. “We think we were able to put some amendments on it that made it a little bit more palatable.”

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

Barfoot’s bill is the first to specifically ban DEI programs, and also includes a “bathroom bill” element that would prohibit higher education institutions from allowing individuals to use a restroom that is different from their biological sex.

Last spring, lawmakers sent a funding request to college presidents, asking them to report how much they spend on DEI efforts. AL.com found that much of the spending went toward anti-discrimination programs and other federally mandated services.

A fiscal note now says that the legislation could reduce expenditures “by an undetermined amount,” depending on how much they’re currently spending on DEI.

On the stand Thursday, Barfoot acknowledged concerns that the legislation, in its original state, could have “unintended consequences,” and encouraged members to accept a number of proposed amendments.

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.

Senate Republicans struck down efforts to remove a “divisive concept” related to meritocracy (a move that was approved by the House last year), and to add language that would narrow the scope of other prohibited concepts.

There was also little mention of the bill’s bathroom clause, which would prevent transgender individuals from using a university restroom that does not match the biological sex on their birth certificate. Alabama passed a similar law for K-12 schools last year.

The new version, Singleton said, isn’t necessarily “better,” but will be more workable as it heads to the House.

After the vote, Barfoot told AL.com it was important to get other views on the bill, and that the changes would make it better.

“We talk about unintended consequences here sometimes,” he said. “And certainly, whenever you have a group of people look at that legislation, people see things through their own eyes or different eyes that what others may. So we were fortunate to have members across the aisle look at that and offer amendments that we accepted and I think the piece of legislation is certainly better now than it was before.”

After the vote, Senate Republicans sent out a news release praising the bill’s passage.

“We are all made in God’s image, and our unique qualities should be celebrated,” said Sen. Greg Reed, R-Jasper, president pro tempore. “However, while we are each unique, we have more that unites us than divides us. Students go to schools to learn and set themselves up for a bright future. Opportunities for togetherness is what this legislation tries to achieve, and I am thankful that all members in the body were able to engage in meaningful ways on this legislation.”