Federal Court Blocks New Hampshire Law Banning DEI Programs in Schools

On October 2, 2025, Chief Judge Landya B. McCafferty of the U.S. District Court for the District of New Hampshire issued a preliminary injunction blocking the enforcement of a state law that prohibited diversity, equity, and inclusion (DEI) programs in K-12 public schools and public and private universities across New Hampshire.

The law, which took effect on July 1, 2025, banned DEI initiatives related to race, gender, sexual orientation, gender identity, and disability. Judge McCafferty found the law's prohibitions to be "startling" in breadth, noting that its vague definitions could lead to arbitrary enforcement and hinder schools from operating effectively. The ruling suggests that the plaintiffs are likely to succeed in their claims that the law violates due process and conflicts with federal disability civil rights laws.

The legal challenge was brought by a coalition including the National Education Association – New Hampshire (NEA-NH), four school districts (Oyster River Cooperative School District, Dover School District, Somersworth School District, and Grantham School District), DEI professionals James M. McKim, Jr. and Dr. Dottie Morris, and New Hampshire Outright, a nonprofit providing training in public schools on creating inclusive environments for LGBTQ+ students.

Judge McCafferty's ruling emphasized the law's expansive reach, stating that its definition of DEI is so far-reaching that it prohibits long-accepted—even legally required—teaching and administrative practices. She noted that it is hard to imagine how schools could continue to operate at even a basic level if the law's prohibitions were enforced to their full extent. The court recognized that it is impossible for schools to comply with both federal disability laws and the anti-DEI law, rendering the state law unconstitutional. Specifically, the Individuals with Disabilities Education Act (IDEA) requires conduct that the anti-DEI laws forbid: classifying students based on disability to improve outcomes for students with disabilities.

Devon Chaffee, Executive Director of the ACLU of New Hampshire, stated, "This court victory could not come at a more critical time. Students across New Hampshire have the right to an inclusive education, and educators in our state should not be threatened with vague laws that restrict their ability to meet the needs of their students."

Megan Tuttle, President of NEA-New Hampshire, commented, "This ruling affirms what we’ve always known: every student in New Hampshire deserves access to a high-quality public education in a safe, inclusive, and supportive environment."

Heidi Carrington Heath, Executive Director of New Hampshire Outright, added, "The court’s decision to continue blocking this unjust law ensures that LGBTQ+ youth and their families can continue accessing safe school and community environments."

This injunction is part of a series of legal challenges against state and federal actions targeting DEI programs. For instance, in April 2025, federal judges in Maryland, New Hampshire, and Washington, D.C., barred the Trump administration from cutting federal funding to schools supporting DEI efforts. Similarly, in August 2025, a federal judge rejected efforts by the Trump administration and the American Alliance for Equal Rights to block an Illinois law requiring certain nonprofits to publicly report demographic data of their leadership.

The preliminary injunction underscores the ongoing national debate over DEI initiatives in educational institutions. Supporters argue that such programs are essential for creating inclusive environments and addressing systemic inequalities. Opponents contend that these initiatives may lead to preferential treatment and infringe upon free speech. The court's decision highlights the tension between state legislation and federal civil rights laws, particularly concerning the rights of students with disabilities and the obligations of educational institutions under federal statutes like the IDEA.

The preliminary injunction against New Hampshire's anti-DEI law highlights the tension between state legislation and federal civil rights laws, particularly concerning the rights of students with disabilities and the obligations of educational institutions under federal statutes like the IDEA. As legal battles over DEI initiatives continue across the country, this case serves as a significant precedent in the ongoing discourse on diversity and inclusion in education.