CONCORD, N.H. — The federal court in New Hampshire on Thursday temporarily blocked, for most 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, public and private universities, and public entities.
The Court’s temporary order lasts until September 18 and covers the four plaintiff school districts (Oyster River Cooperative School District, Dover School District, Somersworth School District, and the Grantham School District), as well as any other “public school” defined under the law (which includes colleges and universities) that employs, contracts with, or works with plaintiffs NEA-NH or its members, consultant and trainer James T. McKim, educator Dottie Morris, or New Hampshire Outright. The order also covers any other public school district that provides services to a student of the four plaintiff school districts under civil rights laws protecting students with disabilities.
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 argued it radically contradicts federal civil rights laws that protect the rights of students with disabilities, violates the First Amendment rights of educators and students, and is unlawfully vague and ambiguous under the United States and New Hampshire Constitutions.
“Temporarily blocking this law for most public school districts means that, as we go into a new school year, the court is protecting our academic freedom, the free speech rights of educators, and the right of New Hampshire students to have an inclusive education. 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,” said Devon Chaffee, Executive Director of the ACLU of New Hampshire.
The Court’s temporary restraining order states, “At this provisional stage—and especially in light of (1) the impending September 5 certification deadline for K-12 schools that the department of education continues to insist upon, (2) the complete lack of any authority known to the court or the parties that would permit the department to insist on that deadline, and (3) the crippling penalties facing schools for even “unknowing” noncompliance with the anti-DEI laws—the court finds that all of these factors weigh in favor of a TRO pending a decision on plaintiffs’ preliminary injunction motion.”
The lawsuit was brought by the state’s largest educator union, National Education Association – New Hampshire (NEA-NH), four school districts (Oyster River Cooperative School District, the Dover School District, the Somersworth School District, and the Grantham School District), trainer and consultant for diversity, equity, and inclusion James M. McKim, Jr., diversity, equity, and inclusion administrator and psychology professor Dottie Morris, and New Hampshire Outright, a nonprofit that provides training in public schools and entities on creating environments of inclusion and belonging for LGBTQ+ students.
They are represented by lawyers from a broad coalition of organizations and law firms, including the ACLU of New Hampshire, the national ACLU’s Disability Rights Program and Racial Justice Program, National Education Association-New Hampshire (NEA-NH), GLBTQ Legal Advocates & Defenders (GLAD Law), and Drummond Woodsum & MacMahon.
Read more about this case and see court filings here.