The federal court in New Hampshire [on Oct. 2] issued a preliminary injunction blocking, for almost all 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 and public and private universities. The Court held that the plaintiffs are likely to succeed on their claims that the law violates due process and is contradicted by federal disability civil rights laws.
The Court explained: “The breadth of the anti-DEI laws’ prohibition is startling. The definition of ‘DEI’ contained therein is so far-reaching that it prohibits long-accepted—even legally required—teaching and administrative practices. It is hard to imagine how schools could continue to operate at even a basic level if the laws’ prohibitions were enforced to their full extent.”
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 argue it radically contradicts federal civil rights laws that protect the rights of students with disabilities, violates the First Amendment rights of educators, and is unlawfully vague and ambiguous under the United States and New Hampshire Constitutions.
The Court recognized that it is impossible for schools to comply with both federal disability laws and the anti-DEI law, and that the state law is therefore unconstitutional. The court also observed that the Individuals with Disabilities Education Act (IDEA) “requires conduct that the anti-DEI laws forbid: classifying students based on disability in order to improve outcomes for students with disabilities.”
The law is already being enforced arbitrarily, as the Court explained: “The incongruity in enforcing the anti-DEI laws against private colleges and universities supported by state-funded scholarships, but not private K-12 schools supported by EFAs, demonstrates that the laws permit or encourage arbitrary enforcement based on an enforcement authority’s subjective preferences.”
— from an LGBTQ Legal Advocates & Defenders (GLAD Law) press release
More: gladlaw.org
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