Federal court grants temporary restraining order blocking latest NH state law attacking diversity, equity, and inclusion

CONCORD, N.H. — The federal court in New Hampshire today 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.

Devon Chaffee, Executive Director of the ACLU of New Hampshire, said, “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.”

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.

Hannah Hussey, Staff Attorney at GLAD Law, said, “We welcome this interim order as it protects the ability of educators and educational institutions to carry out their professional duties and continue providing trusted educational programs in New Hampshire. More importantly, it ensures that students can continue to receive a quality, well-rounded education and the skills they need to succeed in our ever-diversifying world. As this case moves through the court, we’ll continue to show how HB 2’s vague bans on programs related to race, gender, sexual orientation, gender identity, and disability unlawfully chill and censor vital initiatives that ensure equal educational opportunity for female students, LGBTQ students, students of color, and students with disabilities.”

Megan Tuttle, President of NEA-New Hampshire, stated: “Every Granite State student deserves a high-quality public education in a safe, inclusive, and supportive environment. Programs and initiatives, including classroom instruction, that recognize the importance of diversity, equity, and inclusion are not only essential to fostering a sense of belonging for all students, they are also legally required in many cases. Though we await a decision on the preliminary injunction motion, this temporary order affirms our position that the anti-DEI language in HB 2 is vague and confusing. As a result, the law impermissibly censors educators and limits their ability to meet the needs of all students, including those requiring special education services. New Hampshire educators are taking a stand against this unconstitutional overreach into our classrooms because of our deep commitment to our students. We will never stop fighting to ensure every child feels safe, valued, and fully prepared for the bright future they deserve.”

Zoe Brennan-Krohn, Director of the ACLU Disability Rights Program, said: “Students with disabilities in New Hampshire are entitled to special education services, inclusion, and accessibility, all of which were targeted by this law. While we await a preliminary injunction decision, this temporary order rightly recognizes New Hampshire’s law as an expansive and illegal assault on the rights of all students, including students with disabilities. The state cannot undermine the rights and protections enshrined by federal disability rights laws. We’ll keep fighting to ensure no student is denied equal access to their education under this law.”