Metro Weekly

U of Alabama Drops LGBTQ Terms From Nondiscrimination Policy

The university system says LGBTQ people remain protected despite the removal of explicit nondiscrimination language.

The University of Alabama - Photo: Jonathan M. Norris / The University of Alabama
The University of Alabama – Photo: Jonathan M. Norris / The University of Alabama

The University of Alabama System has removed sexual orientation, gender identity, and gender expression from the nondiscrimination policies of its three campuses.

According to AL.com, archived web pages show that the words were deleted last year from the Equal Opportunity Program statements for the University of Alabama, the University of Alabama at Birmingham, and the University of Alabama in Huntsville.

No other four-year public universities in the state appear to have removed the words, according to AL.com’s research.

The University of Alabama told AL.com that the word “sex” includes sexual orientation and gender and that there has been no change in how the policy is applied.

“The University will continue to apply its policies consistent with applicable law and remains committed to providing a welcoming environment free from discrimination and harassment for everyone,” said Alex House, the university’s associate director of media relations.

But Robert Kim, executive director of the advocacy group Education Law Center, said words and categories do matter.

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“A nondiscrimination policy reflects on the institution’s mission and its goals to ensure equality and to protect against wrongful actions against students,” Kim said. “No reputable university wants to project otherwise. It should want to broadly project a positive statement of inclusion and protection for all students and faculty and personnel.”

The University of Georgia and Georgia Southern removed sexual orientation and gender identity from their nondiscrimination policies in March 2025 in an effort to comply with an executive order issued by President Trump that recognizes only two sexes and revoked a Biden executive order prohibiting discrimination based on sexual orientation or gender identity.

The change led some faculty, students, and LGBTQ advocates to speculate that the universities would no longer protect LGBTQ students from discrimination.

Other Southern universities have not removed sexual orientation, gender identity, or gender expression from their policies, including the University of South Carolina, the University of North Carolina, the University of Florida, Mississippi State University, Louisiana State University, the University of Tennessee, and the University of Texas.

The categories removed from the University of Alabama System’s policy were added only a few years ago, after the U.S. Supreme Court ruled in 2020 that Title VII of the Civil Rights Act of 1964 protects LGBTQ people from workplace discrimination.

That decision, Bostock v. Clayton County, is rooted in the idea that “sex-based” discrimination includes discrimination based on sexual orientation or gender identity — despite the statute never explicitly mentioning either category. Because Bostock has not been overturned, LGBTQ university employees remain protected even without explicit references to sexual orientation or gender identity.

Kim told AL.com that several federal laws, including Title IX and the Higher Education Act, mandate protections against discrimination. However, the Supreme Court ruled in June that schools may limit participation on sports teams based on an athlete’s sex assigned at birth. Courts have yet to rule on whether Title IX’s broader protections extend beyond discrimination based on a person’s sex assigned at birth.

For now, Kim warned that any university that permits anti-LGBTQ discrimination and runs afoul of federal law could risk losing billions of dollars in federal grants and contracts.

“I would tread with extreme caution in changing its behavior around protecting all students no matter what their sexual orientation or gender identity,” Kim said of the University of Alabama System. 

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