Alabama Officials Move to Dismiss Lawsuit Over DEI Ban

Alabama state officials have filed a motion to dismiss a lawsuit challenging Senate Bill 129 (SB 129), a law banning diversity, equity, and inclusion (DEI) programs in public universities. The lawsuit, brought by professors, students, and civil rights groups, argues that the law violates free speech and academic freedom.

SB 129, enacted in October 2024, prohibits state-funded DEI programs and restricts the teaching of certain topics related to race and gender. Opponents say the law unfairly censors discussions about inequality and limits students' educational experiences.

In January 2025, the Alabama State Conference of the NAACP, along with faculty and students from the University of Alabama system, filed a federal lawsuit challenging the law. The plaintiffs argue that SB 129 violates the First and Fourteenth Amendments by imposing viewpoint-based restrictions on speech and being overly vague.

"The Alabama Legislature's censorship of important discussions about race and gender inequalities and its attack on so-called DEI programs are an affront to the constitutional rights of Alabama faculty and students," said Antonio L. Ingram II, senior counsel for the Legal Defense Fund.

On March 26, state officials filed motions seeking to dismiss the lawsuit, arguing that the plaintiffs lack standing and have not demonstrated constitutional violations. The state contends that SB 129 is designed to ensure that taxpayer dollars do not fund the promotion of political ideologies in public education.

Attorney General Steve Marshall’s office has defended the law, saying it protects students from being forced to adopt controversial political views in the classroom. However, critics argue that it suppresses important discussions about systemic inequalities.

Since SB 129 took effect, public universities in Alabama have been forced to close or restructure their DEI offices. The University of Alabama shut down designated spaces for the Black Student Union and LGBTQ+ resource center, citing compliance with the law. Students and faculty have voiced concerns that these changes negatively impact minority and marginalized groups on campus.

The lawsuit is part of a broader national debate over the role of DEI initiatives in higher education. Supporters of SB 129 argue that it prevents the imposition of divisive concepts, while opponents say it stifles free expression and academic inquiry.

As the legal battle continues, the case could set a precedent for similar laws across the country, shaping the future of diversity policies in public universities.