Protests have risen across Alabama as a result of SB129 – a bill that takes funding for diversity, equity and inclusion (DEI) initiatives away from public education institutions.
Miguel Luna and Sydney Testman, University of Alabama at Birmingham (UAB) students, know this all too well. SB129 has brought uncertainty to their lives, and in some cases, even fear.
“ It’s already passed. I’ve been kind of living in post-SB129 life, you know?” she said.
In August of 2024, their organization – the Social Justice Advocacy Council (SJAC) – was not allowed to table at their incoming student fair before the bill even took effect – the bill was introduced in March of 2024 and went into effect October 1, 2024.
Now, represented by the NAACP Legal Defense Fund, these students along with others are suing UAB on the grounds of over compliance with SB129.
“ Incoming freshmen didn’t even know (SJAC) existed,” said Testman. “ Orientations for freshmen were in July. We weren’t allowed to even advertise ourselves to the incoming body. Most of us are graduating, and if we’re not allowed to advertise, our perpetuity is gone.”
Luna pursued this lawsuit in hopes to educate others on the depth of DEI – but personally, he sees his fight against SB129 as a trailblazer.
“ I feel proud to be a part of it, but also proud to represent my community. Latino people aren’t too well represented in Alabama,” he said.
Alabama is one of 10 states that has passed an anti-DEI bill. SB129 “prohibit(s) certain public entities, including state agencies, local boards of education, and public institutions of higher education, from maintaining a diversity, equity, and inclusion office or department or sponsoring any diversity, equity, and inclusion program or program that advocates for a divisive concept.”
People have wondered what exactly classifies something as “divisive.”
“ Right? And so the arguments come back like the lawsuit being First Amendment, freedom of speech, being able to gather, freedom of assembly is part of that equal protection,” said Lynn Hogewood, Samford law professor and attorney.
SB129 may remain vague until a case regarding DEI is brought before a judge for clarification.
“ What makes something divisive? And can we not speak about ‘divisive’ things?” asked Hogewood. “That prohibits our free speech. That prohibits equal access to all of the things if we can’t even have competing ideas.”
The plaintiffs on the UAB lawsuit seconded this feeling of vague uncertainty.
“Even to this day, we still are a little in the dark about what is and isn’t legal because the bill is so contradictory and it’s so vague,” said Testman. “We don’t really know what the bounds are.”
Testman stated that “ the vast majority of Alabama students are against SB129.” Additionally, they understand the faculty and staff of UAB are at risk of discipline according to the lawsuit.
“ The faculty are also put in a tight situation. We try not to give them too much pushback, because they’re doing the best they can with what they have. That’s why we’re trying to aim much of our pushback to the Board of Trustees, to the state of Alabama, who is forcing UAB to comply with this,” explained Testman.
Despite this, the plaintiffs are concerned for what the future brings.
“ It’s like living in a state of perpetual fear that you’re breaking the law, or fear that someone can come after you for this and take all your money, or that you can get fired because you just don’t know,” said Testman.
Samford’s assistant director of the Multicultural Affairs Committee and former president of the Tau Iota chapter of Alpha Phi Alpha Akeim Thames has protested against this bill, even though he’s been a student at a private institution.
“When people hear DEI, they automatically go towards black and white,” said Thames. “But in reality it can be found in any given setting. Be it men and women in a room, or the presence of multicultural individuals or disabled people, the topic of DEI reaches so much that the rollback has different aspects that need to be addressed or protected.”
This is a sentiment that those who disagree with SB129 share.
“ Because no matter where like the area is, DEI is just important for helping communities that face different issues,” Luna agreed.
Hogewood explained DEI extends even to those who aren’t typically seen as a diverse group. First generation students and military could be included in these efforts, according to what DEI stands for.
“ I know (Cumberland) first gen students don’t have access to networking. They don’t have access to legal information,” she said.
She elaborated: “My daughters both have lawyer parents. My oldest is a senior in college, and she was doing this little court thing. She just knew the lingo, so she felt like, ‘I had a benefit because I knew’.”
Ultimately, those who fight for DEI want people to understand that this bill could affect more people than they realize.
“ Diversity, equity and inclusion isn’t just a thing by itself. It emanates from the historical process. Challenges that different communities have had to face lead all the way to the foundations of this country,” said Luna.
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