Federal judge extends ban on New Hampshire's DEI restrictions

(The Center Square) — A federal judge in New Hampshire has extended a court order blocking a state law that banned diversity, equity and inclusion programs in the state's public schools.

The decision by U.S. District Court judge Landya McCafferty of New Hampshire continues a temporary restraining order against a portion of the law until Oct. 2 as she weighs whether to issue a permanent injunction ahead of a trial. The order was set to expire Sept. 19. 

McCafferty's previous ruling stemmed from a legal challenge filed in August by the New Hampshire chapter of the National Education Association and several school districts. The plaintiffs claim the state's "vague and ambiguous" restrictions on DEI initiatives violate federal civil rights laws that protect the rights of students with disabilities, and the First Amendment rights of educators and students.

A provision tucked into the two-year $15.9 billion state budget, signed by Republican Gov. Kelly Ayotte in June, sets limits on DEI mandates in state government, public higher education and K-12 schools.

The rules apply to municipalities and school districts, which must submit reports to the state by Sept. 30 identifying any DEI contracts. Under the restrictions, schools that don't comply or refuse to dismantle DEI programs could lose state funding. Some school districts have already certified to the state that they don't have any DEI programs. 

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New Hampshire is one of several states that have taken steps to ban or restrict DEI programs in public schools, colleges and universities in response to President Donald Trump's executive order in January threatening to withhold funding from schools. 

Supporters of the new rules said they are needed to prevent a loss of federal funding to the state for not complying with Trump's order. But critics of the restrictions say the policies help institutions serve diverse populations and address systemic inequality in government and public schools. 

"This latest attempt to attack diversity, equity, and inclusion is unconstitutional and we will continue to steadfastly fight anti-liberty efforts like this, which create censorship in our schools and public entities," Devon Chaffee, executive director of the American Civil Liberties Union of New Hampshire, said in a statement. 

Republicans who backed the DEI restrictions have blasted the federal court's ruling blocking the law as "judicial overreach" and say they believe the state will ultimately prevail against the legal challenge.