Marshall Joins 18-State Brief Defending Classroom Restrictions on Divisive Concepts

October 28, 2025 - MONTGOMERY, AL. - Alabama Attorney General Steve Marshall has joined a coalition of 18 states in filing a legal brief defending Oklahoma's right to restrict the teaching of certain race- and sex-based concepts in public schools. The amicus brief, submitted to the U.S. Court of Appeals for the Tenth Circuit, supports Oklahoma's law that prohibits instruction of ideas deemed racially or sexually divisive in K-12 classrooms.

The lawsuit at the center of the case was brought by the Black Emergency Response Team and the Oklahoma NAACP, who argue that the law violates constitutional protections. Oklahoma's statute bans teaching concepts such as the belief that "one race or sex is inherently superior to another" or that individuals should face discrimination based on race or sex. The law outlines eight specific concepts that are barred from public school instruction.

"Alabama has taken a strong stance against the spread of DEI and woke ideology in our classrooms," Marshall said in a statement. "The promise of America is that every person is inherently equal, no matter their skin color or sex. There is nothing in the Constitution that requires public schools to teach children otherwise."

Marshall pointed to Alabama's own law, passed in March 2024, which similarly restricts the teaching of "divisive concepts" in public schools and universities. That law also prohibits state-funded DEI (Diversity, Equity, and Inclusion) programs. It was challenged in January 2025 by plaintiffs represented by the ACLU of Alabama and the NAACP. In August, a federal district court denied a preliminary injunction against the law, and the case is now on appeal before the Eleventh Circuit.

The multistate brief was led by South Carolina Attorney General Alan Wilson and includes attorneys general from Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, and Texas.

Marshall emphasized that the legal effort is about preserving state authority over education and protecting children from what he described as ideological indoctrination. "I have been successful in defending Alabama's similar law in court, and I am glad to join with Oklahoma in defending theirs," he said.

The outcome of the Oklahoma case could have implications for similar laws across the country, including Alabama's, as courts weigh the balance between free speech, equal protection, and state control over curriculum.