A federal judge temporarily blocked a New Hampshire law on Thursday that would strip funding for public schools that continue diversity, equity, and inclusion initiatives and training.
Judge Landya McCafferty’s order pauses the state from enforcing that law until September 18. The “temporary restraining order” means schools will not have to report any contracts or activities involving DEI initiatives by Friday, as required under the law. The new deadline gives the judge time to consider larger legal challenges to the law.
In her opinion, McCafferty cited the “crippling penalties” schools face if they violate the law, even unknowingly. She also pointed to the state’s inability to show it has the authority to withhold funding if schools fail to comply with the law’s deadline. She also said the state failed to show it has the right to give schools an earlier deadline than what the law allows, which is September 30.
McCafferty said the temporary restraining order is “an extraordinary remedy” to be used sparingly but that it’s warranted in this case.
The ACLU of New Hampshire has asked McCafferty to block the state from enforcing law while its lawsuit is pending. Legal director Gilles Bissonnette said he hopes she issues that decision by the new deadline.
“Or alternatively, that September 18 deadline might get pushed even further to provide additional time for the preliminary injunction to be considered,” Bissonnette said. “All of that will remain to be seen.”
The law, which was included as part of the state budget package passed by Republican lawmakers earlier this year, prohibits any DEI initiatives in schools and public agencies that seek to improve outcomes for individuals who are grouped by age, sex, gender identity, race, or disability. Only schools, however, face funding cuts if they violate the law.
Four New Hampshire school districts, the state’s largest teachers union, the ACLU of New Hampshire, and a LGBTQ+ youth support group sued the state in the U.S. District Court in Concord last month.
Bissonnette said the order will apply to the four school districts that sued the state; any school districts that employ at least one member of NEA-New Hampshire; and and schools that work with diversity trainers who joined the lawsuit. Bissonnette said that will cover most districts in the state.
The plaintiffs argued the law was so broad it would be hard to follow and easy to violate.
They also questioned whether it would prohibit things like creating girls’ sports teams to comply with federal law, offering bullying prevention for certain student groups, providing college students over the age of 65 with tuition waivers, or teaching students about the connection between bigotry and mass violence, as required by state law.
The New Hampshire Attorney General’s Office disputed that argument in court. It said federal requirements are not the type of initiatives or policies targeted in the new law. Spokesman Michael Garrity said the agency will review the order and determine its next steps.
This is the second time in six months McCafferty has ruled against efforts to block diversity, equity, and inclusion programs in schools. In April, she temporarily halted the Trump administration's DEI prohibitions, citing the same concerns about the law’s “vague and confusing” provisions.
Rep. Joe Sweeney, a Salem Republican who sponsored the anti-DEI legislation, criticized the April decision as judicial overreach. He reiterated that complaint Thursday.
“New Hampshire taxpayers, not unelected activist judges, get to decide how their hard-earned dollars are spent,” Sweeney said. “The Legislature passed and the governor signed a responsible budget that ended wasteful DEI spending and restored the principle of equal treatment under the law.”
