Federal Court Blocks New Hampshire’s Anti-DEI Law, Citing Conflict with IDEA and Due Process

FARMINGTON HILLS, MI, UNITED STATES, October 28, 2025 /EINPresswire.com/ -- A federal court has delivered a major victory for inclusivity in education by granting a preliminary injunction against New Hampshire’s newly enacted anti-diversity, equity, and inclusion (DEI) law. On October 2, Chief Judge Landya McCafferty, of the U.S. District Court for the District of New Hampshire, held that plaintiffs are likely to succeed on claims that the law violates due process rights and contradicts federal disability civil rights statutes. The law, which became effective July 1, bans public schools and universities from implementing DEI programs related to race, gender, sexual orientation, gender identity, and disability; violators risk losing state funding[1]. Educators, school districts, and advocacy groups, including the National Education Association New Hampshire (NEA NH), GLBTQ Legal Advocates & Defenders (GLAD), and the ACLU, filed suit, arguing that the law is unlawfully vague and conflicts with federal civil rights obligations.

In granting the injunction, the court described the statute’s breadth as “startling,” noting that the definition of DEI was so expansive that it could prohibit long-accepted, even legally required, teaching and administrative practices. The judge concluded that enforcing the law would make it impossible for schools to comply with both state restrictions and federal disability laws. In particular, the Individuals with Disabilities Education Act (IDEA) “requires conduct that the anti-DEI laws forbid: classifying students based on disability in order to improve outcomes for students with disabilities”[2]. The court also observed that the law encourages arbitrary enforcement and violates educators’ First Amendment rights by chilling speech.

The Supremacy Clause of the U.S. Constitution mandates that state laws yield to federal statutes such as IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. By banning programs that involve classifying students by disability or recognizing diversity characteristics, New Hampshire’s anti-DEI law directly conflicts with federal requirements to identify and serve students with disabilities and to prevent discrimination. The law’s vague prohibitions raise due process concerns because educators cannot determine what speech or training is permitted. Additionally, conditioning state funding on suppression of DEI programming may constitute an unconstitutional condition and violate the First Amendment.

“The court rightly recognized that New Hampshire’s anti-DEI law is both unworkable and unconstitutional,” said Keith Altman. “Banning discussions of disability, race, or gender not only violates educators’ free speech rights but also undermines federally mandated services under IDEA and Section 504. We applaud this decision and urge districts across the country to review state laws for conflicts with federal protections.”

School administrators, teachers, and parents facing confusion about DEI policies or state-imposed restrictions should consult with K Altman Law. Our firm advises educational institutions on compliance with federal civil rights laws and represents educators and students in challenges to unconstitutional statutes.

Keith Altman
K Altman Law
+1 888-984-1341
kalonline@kaltmanlaw.com
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