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Federal court temporarily blocks NH law banning DEI in public schools
September 09 2025, 08:15

On September 4, 2025, the federal court in New Hampshire temporarily blocked, for most public school districts, a law banning diversity, equity, and inclusion programs pertaining to race, gender, sexual orientation, gender identity, and disability in New Hampshire K-12 public schools, public and private universities, and public entities.  

The Court’s temporary order lasts until September 18 and covers the four plaintiff school districts (Oyster River Cooperative School District, Dover School District, Somersworth School District, and the Grantham School District), as well as any other “public school” defined under the law (which includes colleges and universities) that employs, contracts with, or works with plaintiffs NEA-NH or its members, consultant and trainer James T. McKim, educator Dottie Morris, or New Hampshire Outright. The order also covers any other public school district that provides services to a student of the four plaintiff school districts under civil rights laws protecting students with disabilities.     

The anti-equity, anti-inclusion, and anti-diversity law in New Hampshire became effective on July 1, 2025, after being signed into law by Governor Ayotte in late June. The groups who filed suit argued it radically contradicts federal civil rights laws that protect the rights of students with disabilities, violates the First Amendment rights of educators and students, and is unlawfully vague and ambiguous under the United States and New Hampshire Constitutions.

“We welcome this interim order as it protects the ability of educators and educational institutions to carry out their professional duties and continue providing trusted educational programs in New Hampshire,” said Hannah Hussey, GLAD Law staff attorney.

“More importantly, it ensures that students can continue to receive a quality, well-rounded education and the skills they need to succeed in our ever-diversifying world. As this case moves through the court, we’ll continue to show how HB 2’s vague bans on programs related to race, gender, sexual orientation, gender identity, and disability unlawfully chill and censor vital initiatives that ensure equal educational opportunity for female students, LGBTQ+ students, students of color, and students with disabilities.”

— from a GLBTQ Legal Advocates & Defenders (GLAD Law) press release

More: glad.org

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