Liberal groups in New Hampshire have filed a lawsuit challenging the state’s new anti-DEI law — the latest attempt to preserve race and sex-based policies, training, and curriculum from legislative restrictions.
According to a statement released by the ACLU of New Hampshire, the lawsuit seeks to block language in the new state budget that “seeks to ban diversity, equity, and inclusion (DEI) programs pertaining to race, gender, sexual orientation, gender identity, and disability in New Hampshire schools (including both K–12 public schools as well as both public and private colleges and universities) and public entities like police departments and libraries.”
Plaintiffs include the state’s largest teachers union, the NEA of New Hampshire, as well as four school districts — Oyster River Cooperative, Dover, Somersworth, and Grantham — that either have DEI officers or follow DEI policies.
DEI consultants James M. McKim Jr. and Dottie Morris are also participating in the lawsuit, along with the LGBT activist group New Hampshire Outright.
“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 and MacMahon,” the press release stated.
The budget language being challenged defines DEI as “any program, policy, training, or initiative that classifies individuals based on race, sex, ethnicity, or other group characteristics for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law.”
Polls consistently show Americans oppose treating students and employees differently based on race, including affirmative action policies that give preference to one race over another. Surveys also indicate that most Americans do not believe DEI policies benefit the racial minorities they are intended to help.
The University of New Hampshire has already begun taking steps to comply with the law, though critics say it is merely rebranding race- and sex-based policies. For example, Nadine Petty, the university’s chief diversity officer, has been temporarily labeled the Associate Vice President for Community, Civil Rights, and Compliance — but she retains her position.
In Manchester, public schools were caught using DEI materials, including a handout featuring the “Wheel of Power and Privilege” in society. It encouraged children to examine their own “power and privilege” by circling attributes such as skin color and economic background.
Another packet addressed so-called “microaggressions” — actions that can be labeled racist or discriminatory even if the person committing them holds no racist or discriminatory beliefs or motives.
The district responded by urging faculty and staff to hide those materials from students and parents.
New Hampshire’s teachers unions have been particularly aggressive in their efforts to maintain the ability to treat students differently based on race or sex.
“We know diversity, equity, and inclusion programs and initiatives are not only legally required in certain contexts but also create a sense of belonging where all students can feel comfortable sharing their ideas and stories,” said Megan Tuttle, NEA–New Hampshire president.
“Vague and confusing laws that have the effect of censoring or limiting educators’ abilities to teach and accommodate students who may have special education needs can undermine the high-quality education that students deserve. Our profession should be guided by what’s best for our students, not the threat of funding restrictions and punishment,” Tuttle said in a statement.
Ironically, delegates at the NEA’s most recent national gathering voted to end their relationship with the Anti-Defamation League — a move denounced by many in the Jewish community as antisemitic.
“Allowing the ADL to determine what constitutes antisemitism would be like allowing the fossil fuel industry to determine what constitutes climate change,” NEA delegate Stephen Siegel said at the time.
The NEA leadership later overturned the vote by the organization’s Representative Assembly. Tuttle was one of the representatives. Asked whether she voted for or against the ADL boycott, Tuttle declined to answer.
