Alabama’s New Legislative Push on Gender Identity in Schools

After the recent failure of what some have called the “gay” bill during the 2025 legislative session, Alabama Representative Mac Butler, R-Rainbow City, is now focusing on restricting discussions around gender identity and sexual orientation in the state’s classrooms.

Butler has introduced House Bill 23, which aims to prohibit discussions on gender identity as well as the display of pride flags and related symbols in public schools across Alabama.

This new proposal echoes elements of a previous bill, HB244, which Butler brought forward in 2025. While that bill reached the Senate, it did not become law.

Under current Alabama law, discussions regarding sexual orientation or gender identity are already prohibited in kindergarten through fifth-grade classrooms if deemed “age-appropriate or developmentally inappropriate.”

However, HB23 surprises many with its language, extending the ban to all preschool settings and meaning that discussions surrounding gender identity and sexual orientation would be off-limits in all grades in Alabama public schools.

Additionally, Butler’s proposal would prevent school staff from displaying pride flags or any insignia related to sexual orientation or gender identity in classrooms or on public kindergarten property.

A notable aspect of HB23 is a provision that would bar educators from referring to students by their preferred gender pronouns if it contradicts the biological sex assigned at birth. This particular clause had been part of earlier drafts of HB244 but was removed in 2025.

However, HB23 does not explain how preschool staff are supposed to determine if a student’s pronouns “match” their biological sex.

Critics of Butler’s legislation argue that it infracts upon the First Amendment rights of Alabamians by explicitly limiting freedom of speech. They contend that under this law, students would still be able to engage in conversations about gender identity and sexual orientation with staff like counselors or nurses outside the classroom.

Moreover, opponents point out that the term “gender identity,” referenced in both HB23 and HB244, remains undefined in Alabama law. This lack of clarity raises concerns regarding how the provisions in HB23 would be implemented if passed in the upcoming session.

Moving forward, HB23 will be presented to the Alabama Education Policy Committee when the legislature reconvenes next year.