Federal judge rules New Hampshire law limiting teaching of race, gender topics unconstitutional

A federal judge in New Hampshire on Tuesday struck down a state law that restricted the teaching of race and gender in public schools, ruling it unconstitutional.

U.S. District Judge Paul J. Barbadolo This decision is the first of its kind in the country. The American Civil Liberties Union of New Hampshire (ACLU) on Tuesday called for the measure to be overturned for kindergarten through 12th grade public schools.

The state law seeks to curb New Hampshire public schools from discussing “divisive concepts” related to race and gender, prohibiting K-12 students from being “taught, instructed, indoctrinated, or coerced to believe or endorse” the idea that they are “intrinsically superior” on the basis of their race, religion, gender identity or other characteristics.

The law was passed in June 2021 after President Biden rescinded former President Trump’s executive order. Presidential Decree It sought to end federal funding for training based on “anti-American racial and gender stereotypes and scapegoating.”

Judge Barbadoro’s ruling on Tuesday called the law, including the Education Amendment, “unconstitutionally vague.”

“The amendment is a view-based restriction on speech that does not provide educators with fair warning of the prohibitions or provide sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement,” Barbadoro wrote. “Accordingly, the amendment [14th Amendment] “To the U.S. Constitution.”

Barbadoro also said the proposed changes fail to establish “minimum guidelines” for enforcing the law and force enforcers to rely on New Hampshire Education Commissioner Frank Edelblut’s “personal opinion on appropriate guidance, as expressed in an op-ed.”

Tuesday’s ruling came in a consolidated case of two lawsuits filed against New Hampshire Education Commissioner Frank Edelblut with the support of the American Civil Liberties Union, the National Education Association and the American Federation of Teachers.

“Today’s Supreme Court decision is a victory for academic freedom and inclusive education for all New Hampshire students,” Jill Bissonnette, legal counsel for the American Civil Liberties Union of New Hampshire, said in a statement.

Megan Tuttle, president of the New Hampshire chapter of the National Education Association, said families, students and educators “should celebrate” the ruling, which “restores the right to truthful teaching and learning.”

The Hill has reached out to Edelblut and the offices of New Hampshire Gov. Chris Sununu (R) for comment.