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contact:
name: General legislative contact
sentence_name: general legislative contact
members_file: data/alabama/2026.csv
tips: ""
notes: {}
reps:
- ocdid: theirs
ocdid_prefix: "ocd-division/country:us/state:al/sldl:"
click_tag: their-sldl
no_rep_note: state House of Representatives
rep_note: no
prelude: Your state representative is
- ocdid: theirs
ocdid_prefix: "ocd-division/country:us/state:al/sldu:"
click_tag: their-sldu
no_rep_note: state Senate
rep_note: no
prelude: Your state senator is
hb23:
name: "House Bill 23 / Senate Bill 331 (Don't Say Gay)"
sentence_name: HB23/SB331
members_file: data/alabama/2026.csv
write_url: https://actionnetwork.org/letters/altrac-hb23-2026/
notes:
house-edpol: |
<strong>Your representative is on the House Education Policy committee,</strong> which votes on this bill before the full House does. That means they have an early opportunity to block the bill, so it's especially important that <em>you</em> make a call!
tips: |
<h2 id="talking-points-and-tips">Talking points and tips</h2>
<p><strong>House Bill 23 and Senate Bill 331</strong> would expand the current prohibition
on discussing queer topics in schools so that it would now restrict
pre-kindergarten all the way through grade 12. These bills would also ban Pride
insignias in public school classrooms.</p>
<ul>
<li>Please call <strong>your state Senator</strong> and tell them
that you oppose HB23/SB331. Call your rep in the house too, if you have time.<br />
</li>
<li>At this stage, and generally when talking to Republican legislators,
it will be more effective to talk about how the legislature has more
important priorities, and that the bill is poorly written, has
unintended consequences, and may drive business away from the state —
rather than directly talking about the impacts on transgender people.
See the talking points below for some ideas.<br />
</li>
<li>Sharing your personal story is also effective. If you’re queer,
share what having representation would have meant to you as a kid. If
you’re straight, or cis, talk about how you couldn’t have been
“influenced” to “turn” gay or trans by any amount of pride flags in your
school.<br />
</li>
<li>Don’t be discouraged if you reach voicemail — leave a message. Every
call counts.<br />
</li>
<li>It may be difficult, but be direct and polite. If it helps, you can
write down what you want to say beforehand.</li>
</ul>
<p>If you already know what the bill is about and what you want to talk
about, <a href="#reps">skip these tips</a>. Otherwise, <strong>skim
these bullet points, pick a few that resonate with you, and be prepared
to expand on them if necessary.</strong></p>
<ul>
<li><strong>Last year the bill received a friendly amendment at the
request of the Department of Education that limited it to 8th grade and
below. Why is that not present in this year’s bill?</strong><br />
</li>
<li><strong>The bill doesn’t provide enough information for teachers to
actually follow it.</strong>
<ul>
<li>It states that “classroom discussion…or instruction” about “sexual
orientation or gender identity” is disallowed if it is not “age
appropriate or developmentally appropriate…in accordance with state
standards.” Yet the Alabama Academic Standards don’t say anything about
sexual orientation or gender identity.<br />
</li>
<li>The bill’s vague wording disallows discussion of even heterosexual
relationships, as “heterosexual” is also a sexual orientation.<br />
</li>
<li>While “sex” has been legally defined in last year’s SB79, “gender
identity” is not, in this or any other bill. What is meant by “gender
identity”? If there’s no definition for it, how are teachers supposed to
know what they’re not supposed to mention? There would be no way for a
teacher to know if they were breaking the law.<br />
</li>
<li>To emphasize Teddy Roosevelt’s rugged masculine hobby of hunting or
Marilyn Monroe’s feminine wiles would arguably be a discussion of gender
identity and therefore forbidden. Must we talk about the fact that a
person produces sperm or ova instead of talking about their gendered
attributes?<br />
</li>
</ul></li>
<li><strong>What effect would this bill have on textbooks, materials,
lesson plans, etc?</strong>
<ul>
<li>Do schools need to throw out textbooks that contain even the
slightest mention of sexual orientation or gender identity?<br />
</li>
<li>If so, where would the money for new materials come from?<br />
</li>
<li>Would the mere mention of queer historical figures, such as Alan
Turing or Oscar Wilde, be disallowed?<br />
</li>
<li>How would students of queer families be expected to fulfill a
genealogy assignment? According to this bill, displaying a student’s
family tree project with two same-gender parents would be prohibited,
but singling out a student’s work in this way is clearly a violation of
that student’s right to free expression – and a denunciation of their
lived experience.<br />
</li>
</ul></li>
<li><strong>It sets the state up for litigation based on employment
discrimination.</strong>
<ul>
<li>The legal implications these bills have for schools would discourage them
from hiring teachers who are gay or transgender.<br />
</li>
</ul></li>
<li><strong>The bill’s sponsors claim it only affects classroom
instruction, but Section 1(b) specifically restricts the display of
anything relating to orientation or gender “in a classroom of a preK-12
public school,” which could include rainbows in any form.</strong><br />
</li>
<li><strong>Teachers and employees are sometimes required by the First
Amendment and federal law to display a pride flag or symbol,
particularly when they are making announcements on behalf of a student
organization or functioning as a faculty advisor.</strong>
<ul>
<li>The ability for students to make speech using these resources is
protected by the Constitution and the Equal Access Act of 1984. This law
puts teachers in a position where they have to choose between violating
federal law or violating state law. Sometimes institutional speech
<em>is</em> student speech.<br />
</li>
<li>If a student assignment or artwork contains a pride flag, is it
legal for the teacher to collect, grade, return, or display that in a
classroom with other assignments? How would we know if that pride flag
was the teacher’s speech or the student’s speech? There is no way to
contextually determine why a teacher is near a pride flag and even being
around one would be a presumption of guilt.<br />
</li>
</ul></li>
<li><strong>This bill holds charter schools that receive public funding
to a different standard.</strong>
<ul>
<li>Why should charter schools be excluded from this legislation? If
this bill is truly a priority, should it not be applied across the
educational landscape?<br />
</li>
</ul></li>
<li><strong>The ban on employees displaying flags requires them to take
down student posted flags, which would then violate Tinker v. Des Moines
(1969)</strong>
<ul>
<li>At what point does leaving a flag up a student displayed constitute
an employee leaving it up?<br />
</li>
</ul></li>
<li><strong>The bill is vague and overbroad in a way that violates
Keyishian v. Board of Regents (1967). The bill makes the wearing of even
a rainbow watch band legally suspicious, which could mean
anything.</strong>
<ul>
<li>New York State required state employees to sign an agreement that
they would not engage in anything “seditious” and a loyalty oath that
they were not a member of the Communist Party. The court ruled that this
was unconstitutional and that mere membership of an organization could
not be an adequate basis for imposing sanctions, and additionally, that
“seditious” and “treasonable” were not specific enough. “Sexual
orientation” and “gender identity” suffer from the same lack of
specificity and state employees displaying rainbows or whatever the next
target of the state is will be assumed guilty until proven
innocent.</li>
</ul></li>
</ul>
<a id="reps">
reps:
- ocdid: theirs
ocdid_prefix: "ocd-division/country:us/state:al/sldu:"
click_tag: their-sldu
no_rep_note: state Senate
rep_note: no
prelude: Your state senator is
- ocdid: theirs
ocdid_prefix: "ocd-division/country:us/state:al/sldl:"
click_tag: their-sldl
no_rep_note: state House of Representatives
rep_note: yes
prelude: Your state representative is
sb331:
redirect: hb23
write_url: https://actionnetwork.org/letters/altrac-hb23-2026/