Alabama legislators have introduced two bills banning discussion of sexual orientation and gender identity as well as changes to how students can use pronouns or change names.

HB 246, introduced by Rep. Scott Stadthagen (R-Morgan County), prohibits employees of public K-12 schools and colleges “from using names or pronouns inconsistent with a student’s legal name or biological sex without written permission from the student’s parent or guardian.”

The bill also prevents disciplinary actions for students and employees who choose to only use others’ legal names and pronouns based on their sex at birth. Those who are punished for using legal names and pronouns can sue for damages within two years of the violation.

The bill uses the same terminology and definitions of female, male and sex as the “What Is a Woman” bill, which was introduced Feb. 5 and passed on Wednesday.

LGBTQ advocates warn this legislation could backfire, , according to Allison Montgomery with the Alabama Transgender Rights Action Coalition.

“Their new cause of action appears to create circumstances where transgender minors, particularly out-of-state college students, could sue the state,” Montgomery said.

HB 244, sponsored by Rep. Mack Butler (R-Etowah County), expands the current “Don’t Say Gay” bill from pre-K through 12th grade. The current bill, enacted into legislation in 2022, bans classroom instruction or discussions on gender identity and sexual orientation from kindergarten through fifth grade.

With this bill, teachers also can’t display “a flag or insignia relating to sexual orientation or gender identity on school property.” Educators would only be able to use a student’s pronouns that are consistent with the student’s biological sex at birth.

The bill is discriminatory against LGBTQ students and teachers, Montgomery said. The bill is so vague, it would inadvertently affect discussions of heterosexual relationships.

“A female teacher who mentions her husband in the classroom would be breaking this law,” Montgomery said. “There’s no need to subject our teachers to this kind of excessive scrutiny.”

She added the banning of pride flags on school property violates the 1991 Alabama district court case Baker v. Glover, which extends the right to free expression for vehicle bumper stickers.

“Legislation like this would pointlessly make school staff look over their shoulders to make sure they aren’t in violation of it,” Montgomery said. “Instead, we should let teachers spend their time teaching.”

Both bills are similar to some efforts moving forward in other states and in federal agencies to limit certain actions associated with LGBTQ groups.

“All students should be able to be themselves and be safe in school,” said GLAAD U.S. South local news director Darian Aaron. “Using the name and pronouns they go by is simply common decency and respect, something everyone instinctively understands and shouldn’t even be a debate.”

Research from the advocacy group The Trevor Project shows students in schools with anti-LGBTQ policies are more likely to be verbally harassed, physically attacked and experience unwanted sexual advances.

Aaron said LGBTQ students who feel safe at school have better mental health outcomes.

“When the most vulnerable students feel seen and cared for, school is more united and safe for all,” Aaron said.