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SPLC Action Fund Condemns Passage of Trans Bathroom and Alabama Don’t Say Gay Bill

MONTGOMERY, Ala. – Today, the Alabama Senate passed House Bill 322, which bars  transgender students from using school facilities – including bathrooms – that align with their gender identity and erases their existence from classroom discussion and instruction.

The following statement is from Scott McCoy, interim deputy legal director with SPLC Action Fund:

“Today, the Alabama Senate continued its disgraceful attack on transgender youth by passing House Bill 322 which bars students from using bathrooms that align with their gender identity. Thanks to a last-minute amendment, the bill now also takes their prejudice one step further by prohibiting classroom instruction or discussion regarding sexual orientation or gender identity for students in kindergarten through fifth grade.

“This bill, along with all the harmful legislation being passed, filed, and considered across the country, is a clear violation of Title IX and the Constitution. The vast majority of courts continue to find it illegal to bar transgender youth from restrooms that align with their gender identity. This includes the Supreme Court, which rejected denying trans students access to bathrooms in accordance with their gender identities for the second time in 2021.

“Denying transgender students access to common spaces is discriminatory and deleting their experiences and needs from conversation erases their existence. Transgender people have always been an integral part of our communities and are deserving of dignity and respect, along with equal access to any and all common spaces.

“Instead of creating problems where none exist – and potentially inviting unnecessary and costly litigation and federal funding losses – the Alabama legislature should generate legislation that will allow all students to thrive.”