Federal Judge Supports DEI Programs in Education
A federal judge recently sided with the US Federation of Teachers, rejecting two memos from the Trump administration that sought to eliminate diversity, equity, and inclusion (DEI) initiatives in schools and universities across the country.
Judge Stephanie Gallagher of the Maryland US District Court determined that the Department of Education (DOE) acted unlawfully by threatening to withdraw federal funding from educational institutions that continued to engage in DEI efforts.
The American Federation of Teachers, along with the American Sociology Association, had requested summary judgment in a lawsuit filed in February, which challenged the directives issued by the Trump administration.
President Donald Trump appointed Judge Gallagher to her position in 2019.
According to reports, the case revolves around two memos from the education department that mandated schools and universities to eliminate all “racial-based decisions,” warning that failure to comply could result in losing federal funding. This policy initiative was part of the Trump administration’s narrative framing such practices as discriminatory towards white and Asian American students.
Earlier this year, one memo took the form of a “dear colleague” letter aimed at universities, followed by another directive addressed to K-12 districts, requiring proof that these schools had no DEI practices in place.
Judge Gallagher expressed no judgment regarding the merits of the policies themselves, stating they were neither “good nor bad, wise nor stupid, fair nor unfair.” However, she ordered the DOE to revoke the memos, highlighting that they failed to adhere to procedural rules.
Gallagher also disagreed with the government’s assertion that these memos served as reminders that discrimination is illegal. She noted that the guidance had significantly changed how the DOE oversees educational practices and classroom conduct, creating a sense of fear among educators that even legitimate expression might lead to punitive actions against them or their institutions.
The DOE, in a statement following the ruling, expressed disappointment, maintaining that judicial decisions banning or limiting this guidance would not affect their capability to restrict federal funding for DEI programs considered to be discriminatory.
