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Alabama passes sweeping bill that would ban diversity, equity and inclusion in public schools and universities

(CNN) — Alabama lawmakers passed a bill Tuesday that, if enacted, would prohibit public schools and universities from maintaining or funding diversity, equity and inclusion (DEI) programs.

The bill, SB129, would also require public universities to “designate bathrooms based on biological sex” — which Alabama law defines as “the physical state of being male or female as indicated on the child’s original birth certificate.” person”—and not the gender with which the person identifies.

It now heads to Gov. Kay Ivey’s desk, where it is expected to be signed into law.

SB129 comes amid a national push by conservative lawmakers to limit the rights of transgender and LGBTQ people and ban DEI programs after the Supreme Court overturned affirmative action.

The law would prohibit local boards of public education and universities from maintaining an office or department that promotes DEI. It would also bar students, employees and contractors from attending any “DEI training, orientation or coursework that promotes or requires consent to a divisive ideology.”

The law lists eight “divisive concepts” that include discussions about conscious or subconscious racism and sexism and whether “attributes such as quality or work ethic are racist or sexist.”

If enacted, the law would allow state agencies, including local boards of education and public universities, to “discipline or terminate any employee or contractor who knowingly violates this law.”

However, the bill specifically notes that it does not prohibit students and staff from conducting DEI programs “so long as state funds are not used.” Universities can also “engage in recruitment and outreach programs” and teach subjects and events “within a historically accurate context.”

If Governor Ivey signs the bill, it will take effect on October 1, 2024.

Earlier this month, protesters gathered outside the Alabama State Capitol and held signs that read “Democracy thrives on diversity” and “DEI saves lives,” urging lawmakers to oppose the bill.

The American Civil Liberties Union of Alabama also spoke out against state lawmakers’ attempt to characterize DEI programs as “divisive.”

“The bill aims to have a chilling effect on discourse about race, class, sexuality and national origin, and seeks to characterize these discussions and certain teachings, practices and training that complement them as ‘divisive,'” the advocacy group said in its Legal wrote in a statement on the website.

Birmingham Mayor Randall Woodfin has said he would encourage black athletes to attend out-of-state colleges if the bill becomes law.

“To the State of Alabama: Why would you make it illegal for institutions of higher education to promote diversity and inclusion in their faculty and staff? Why would you block fair representation and opportunity for all people?” Woodfin wrote in X.

“While I am Bama’s biggest fan, I have no problem with black parents and athletes planning to attend other out-of-state institutions where diversity and inclusion are a priority.”

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