New Hampshire's limits on teaching on race and gender are unconstitutional, judge says

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A federal judge has struck down New Hampshire’s nearly 3-year-old law limiting what teachers can say about race, gender, sexual orientation, disability and other topics

in public schools as unconstitutionally vague. The ruling could revive the topic as an election year campaign issue. Republicans pitched the 2021 law as an anti-discrimination measure after the Trump administration sought to ban discussion of “divisive concepts.” It prohibits teaching public school children that they’re inferior, racist, sexist or oppressive by virtue of their race, gender or other characteristics.

Several groups sued, including the American Civil Liberties Union of New Hampshire; the National Education Association-New Hampshire; the American Federation of Teachers-New Hampshire union; diversity, equity and inclusion school administrators; teachers and parents. They sued New Hampshire Education Commissioner Frank Edelblut, Commission on Human Rights Chair Christian Kim, and New Hampshire Attorney General John Formella.

 

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