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A group of Alabama students and educators in higher education filed a federal lawsuit Tuesday challenging Senate Bill 129– a bill they say impedes their ability to learn, teach, and engage in public university classes and programs related to diverse viewpoints and topics.
These topics include certain matters concerning race, racism, sexism, homophobia, structural inequality, and social justice that are disfavored by state elected officials. SB129, which went into effect in October 2024, further targets and severely restricts programs, offices, and events related to the state’s unusual and unilateral definition of “diversity, equity, and inclusion.”
plaintiffs claim that SB129 violates the First Amendment to the U.S. Constitution by imposing viewpoint-based restrictions on educators’ speech, the information students seek to learn, and universities’ allocation of state funding and on-campus spaces to student organizations. They further assert that SB129 is so vague and ambiguous that educators and students cannot reasonably discern what is prohibited by the statute’s terms in violation of their rights to Due Process under the Fourteenth Amendment. In addition, the complaint alleges that SB129 violates the Equal Protection Clause of the Fourteenth Amendment because it intentionally discriminates against Black faculty and students on the basis of race.
“SB 129 is among the most egregious infringements on the rights of students to receive the quality of education they deserve,” said Alabama professor Cassandra Simon, a plaintiff in the case. “While the law’s vague and opaque language promote uncertainty and fear on campus, it also prevents the full elimination of white supremacy and its lingering impact in present-day Alabama. Inclusive curriculum and campus spaces are undeniably a strength in higher education, and, as a professor, I’ve witnessed how teaching and engaging with some of these so-called ‘divisive concepts’ can be transformative for both professors and students.
“The state legislative body has no right to censor and vilify these important and legitimate topics in our classrooms. If this discriminatory legislation is allowed to continue, elected officials—with no expertise in matters of higher education—will become emboldened to further impose their viewpoints on the university communities. As a professor who has spent the past 37 years educating students and supporting the wellbeing of our campus communities, I have a moral and ethical responsibility to my students, colleagues, and society at large to speak out against SB 129.”
Since SB129’s passage, Black professors and students, LGBTQIA students, and other students of color say they have experienced numerous harms — including censorship of certain teachings and discussions involving race-based and sex-based inequalities, discriminatory restrictions on university funding for student organizations, and removal of inclusive campus spaces that had served Black and LGBTQIA university students for several years. The plaintiffs in the case include Alabama public university faculty and students, as well as the Alabama State Conference of the NAACP, and are represented by the Legal Defense Fund (LDF), ACLU of Alabama, and Arnold & Porter.
“I felt compelled to join this lawsuit challenging SB 129 because, as a Black college student, I’ve seen firsthand how the removal of initiatives for diversity, equity, and inclusion has harmed the sense of belonging and the quality of education on campus,” said college student Sydney Tesan, another plaintiff in the case. “Voices have been silenced, opportunities are disappearing, and the enthusiasm for learning that once thrived on campus is fading. This environment undermines the essence of higher education.”
SB129 evolved out of a bill by Rep. Ed Oliver, R-Dadeville, designed to combat Critical Race Theory in classrooms, as well as other “divisive concepts.”
The bill quickly gained traction last year when it added the elimination of DEI programs at public universities and state agencies.
