Federal Court Blocks New Hampshire's Ban on School DEI Programs

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 against the state's recently enacted law that banned diversity, equity, and inclusion (DEI) programs in public schools and universities. The law, effective since July 1, 2025, prohibited educational institutions from implementing DEI initiatives related to race, gender, sexual orientation, gender identity, and disability. Judge McCafferty found the law's prohibitions to be "startling" in breadth and nearly "unintelligible," noting that it could prevent schools from operating at even a basic level if enforced fully. The court held that the plaintiffs are likely to succeed on their claims that the law violates due process and contradicts federal disability civil rights laws. The injunction applies to the majority of public school districts in New Hampshire, effectively halting the enforcement of the anti-DEI law while the case proceeds.

The law aimed to ban DEI initiatives related to race, gender, sexual orientation, gender identity, and disability in public schools and universities. Judge McCafferty found the law's prohibitions to be "startling" in breadth and nearly "unintelligible," suggesting that full enforcement could hinder basic school operations. The court determined that the plaintiffs are likely to succeed on claims that the law violates due process and conflicts with federal disability civil rights laws.

The preliminary injunction effectively halts the enforcement of the anti-DEI law across most public school districts in New Hampshire. This means that schools can continue to implement DEI programs without the threat of losing state funding while the legal challenge is ongoing. The ruling provides a reprieve for educators and administrators who were concerned about the potential impact of the law on their ability to provide inclusive and equitable education.

The legal challenge in New Hampshire is part of a broader national debate over DEI initiatives in educational institutions. Similar laws and executive actions have been introduced in other states, leading to legal battles over the constitutionality and implications of such measures. For instance, in April 2025, federal judges in Maryland, New Hampshire, and Washington, D.C., blocked the Trump administration from cutting federal funding to schools supporting DEI efforts. These rulings stemmed from lawsuits filed by teachers unions and civil rights groups contesting a policy memo from the U.S. Department of Education that alleged certain DEI activities violated civil rights laws and threatened funding cuts.

This comprehensive overview provides a foundation for understanding the recent legal developments in New Hampshire regarding DEI programs in educational institutions, situating them within a broader national context of ongoing debates and legal challenges.