Judge R. David Proctor of the United States District Court for the Northern District of Alabama declined to issue a preliminary injunction to pause the enforcement of Senate Bill 129, the “divisive concepts” law, Wednesday. Proctor also filed a separate order dismissing Ivey as a defendant in the case.
A preliminary injunction is a temporary court order filed before or during a lawsuit to preserve the current state of affairs and prevents an action by one party with the goal of avoiding irreparable harm until a case has concluded.
In January, three UA professors, three University of Alabama at Birmingham students and the Alabama State Conference of the NAACP filed a lawsuit against Gov. Kay Ivey and the University Board of Trustees for their implementation of SB129. The lawsuit claims the law, which restricts the teaching of “divisive concepts” and prohibits state funding of diversity, equity and inclusion offices and programs in public schools, violates the First and 14th Amendments.
“The Court’s decision to allow SB129 to remain effective this upcoming school year is deeply disappointing,” said Antonio L. Ingram II, Legal Defense Fund senior counsel, saying the law “poses a direct threat” to Alabama students and educators. “All Alabamians are entitled to a high-quality, accurate, and comprehensive education that respects their full dignity and humanity — including Black, LGBTQ+, and other students of color who have suffered immensely due to SB129.”
Following the filing of the lawsuit, the NAACP, LDF and the American Civil Liberties Union of Alabama filed a motion for preliminary injunction on behalf of the plaintiffs, which if granted would have paused the effects of the bill while the case proceeded.
The 146-page opinion, written by Proctor, concludes that the plaintiffs “have not established the requirements for the issuance of a preliminary injunction against the Board’s enforcement of SB 129, ” leading to their motion being denied. The case will proceed with the law remaining in effect in the meantime.
Steve Marshall, Alabama Attorney General, made a statement praising Proctor’s decision.
“I applaud the district court’s commonsense ruling recognizing that the First Amendment does not give university professors a right to compel students to assent to racialized DEI concepts at odds with our founding ideals,” Marshall said. “As one of the plaintiffs herself recognized, ‘no credible educator’ should teach such things. I look forward to defending the court’s order should plaintiffs appeal.”
Dana Patton, plaintiff and associate professor of political science in the Barefield College of Arts & Sciences and director of the Dr. Robert E. Witt University Fellows Program, said SB 129 infringes on academic freedom and that she hopes the courts and the larger community “unequivocally reject” the bill.
“The Court’s decision to allow SB 129 to continue is yet another step backwards for the University of Alabama system and fails to address the harms that Alabama students and professors have faced on account of this law,” Patton said.
Alison Mollman, ACLU of Alabama Legal Director, called the court’s decision “a setback for professors and students at Alabama’s public universities.”
“Our clients remain committed to defending free speech on our campuses and we are honored to continue this fight against SB129 to ensure that the constitutional rights of all professors and students are protected,” she said.
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