#Resist! Judge halts enforcement of Trump administration’s anti-DEI orders in education

The ruling bars the administration from proceeding with its plans for a so-called “End DEI” portal and a certification requirement. It applies to any entity with ties to the plaintiff organizations.

By Steven Porter Globe Staff,Updated April 24, 2025, 1:03 p.m.

CONCORD, N.H. — "A federal judge in New Hampshire issued a preliminary injunction on Thursday blocking the Trump administration from following through on threats to #defund #schools that defy its directives on #diversity, #equity, and #inclusion.

"In an 82-page order, Chief Judge Landya B. McCafferty said the administration’s #AntiDEI interpretation of federal law, as expressed in a letter the US Department of Education distributed in February, fails to give teachers clarity about what exactly the government requires of them.

" 'When a law fails to provide ‘minimal guidelines’ governing its enforcement, it may sweep in so much conduct that enforcement decisions become based on the ‘personal predilections’ of the person or entity bringing the enforcement action,' she wrote, ruling that the plaintiffs are likely to succeed in proving the directives are unconstitutionally vague.

"McCafferty wrote that the February letter, in combination with the #EducationDepartment’s public statements about it and the launch of an '#EndDEI' portal, 'raise the specter of a public ‘witch hunt’ that will sow fear and doubt among #teachers lest they be publicly branded as peddlers of ‘divisive ideologies’ based on the Department’s — or even private parties’ — subjective assessments.'

"What’s more, teachers would face the risk of professional consequences whether they comply with the federal government’s anti-DEI directives or not, she added. The certification requirements for English teachers in New Hampshire, for example, require educators to consider #literature 'through various #CriticalLenses,' such as #gender, #ethnicity, #religion, or #SocioEconomic conditions, she noted.

"This lawsuit was first filed by attorneys with the National Education Association [#NEA] and the American Civil Liberties Union [#ACLU], who allege the administration is violating the #DueProcess and #FreeSpeech rights of teachers.

"Sarah Hinger, deputy director of the ACLU’s racial justice program, hailed Thursday’s ruling as a win for academic freedom.

" 'Every student deserves an education that reflects the full diversity of our society, free from political interference,' Hinger said in a statement. 'The federal government has no authority to dictate what schools can and cannot teach to serve its own agenda, and this ruling is an important step in reaffirming that.'

"The Center for Black Educator Development and six public school districts in #NewHampshire and #Vermont have since agreed to sign on as plaintiffs as well.

"State education commissioners were given until Thursday to submit certifications that their schools are complying with the federal government’s interpretation of the law, but McCafferty’s ruling bars the administration from proceeding with that certification requirement. It also bars the government from using its 'End DEI' portal as planned.

"The New Hampshire Department of Education required school districts and public charter schools to submit their certifications by last week, and most have done so, according to a list published on the state’s website.

"Rather than issue a nationwide injunction, McCafferty said the protections in her order apply to the plaintiffs in this case, their members, and 'any entity that employs, contracts with, or works with' at least one member of the plaintiff organizations.

"The NEA alone reports having 3 million members employed in a wide variety of educational settings, so McCafferty’s order could apply to a broad swath of entities.

"A federal judge in Maryland presiding over a similar lawsuit from another major labor union, the American Federation of Teachers, issued a similar order on Thursday.

"Judge Stephanie A. Gallagher wrote that she takes no position on whether the disputed policies are 'prudent or foolish,' but she must scrutinize the way the policies were made and has concluded the government didn’t follow the law.

"McCafferty was appointed by former president Barack Obama. [Gallagher?] was appointed by Trump.

"The government is expected to pursue an appeal."

https://www.bostonglobe.com/2025/04/24/metro/nh-federal-judge-schools-anti-dei-directives-trump-blocked/

Archived version:
https://archive.ph/l9iEl