CONCORD, N.H. — A federal judge has struck down as unconstitutionally vague New Hampshire’s nearly three-year-old law that limits what teachers can say about race, gender, sexual orientation, disability and other topics in public schools. The ruling could revive the subject as a campaign theme for the election year.
Republicans proposed the 2021 law as an anti-discrimination measure after the Trump administration tried to ban discussion of “divisive concepts.” It prohibits teaching children in public schools that they are inferior, racist, sexist, or oppressive because of their race, gender, or other characteristics.
Teachers who violate the law may face disciplinary action, including the possible loss of their licenses, and may also face lawsuits.
Educators and administrators who sued the state said they were confused about what they could legally teach. They said the law violated their freedom of speech, and they feared for their jobs.
U.S. District Judge Paul Barbadoro ruled Tuesday that the law’s wording on prohibited concepts speaks only tangentially to its intended speech, and fails to “provide teachers with much-needed clarity” on how they might apply them, both in the classroom and outside the curriculum. activities where students can initiate conversations.
“This lack of clarity sows confusion and leaves significant gaps” that can only be filled by law enforcement, prompting arbitrary and discriminatory enforcement based on a particular law enforcement authority’s position.
Several groups have filed suit, including the American Civil Liberties Union of New Hampshire; the National Education Association-New Hampshire; the American Federation of Teachers-New Hampshire union; school administrators on diversity, equity and inclusion; teachers and parents.
They have sued New Hampshire Education Commissioner Frank Edelblut, Commission on Human Rights Chairman Christian Kim and New Hampshire Attorney General John Formella.
The judge’s decision “means that educators across New Hampshire can foster an equitable and inclusive school environment in which all students are seen and heard,” Christina Kim Philibotte and Andres Mejia, two New Hampshire school administrators who are plaintiffs in the case, said in a statement. . “It is critical that students see themselves in the books they read and in the classroom discussions they have to ensure they feel cared for and valued.”
The attorney general’s office is reviewing the judge’s order and considering whether to appeal, a spokesperson said.
New Hampshire’s law is one of several in Republican-led states that have tried to limit classroom discussions about concerns about critical race theory, which focuses on the idea that racism has been systemic in the country’s institutions.
“Judge Barbadoro just put stopping Critical Race Theory back on the agenda in November,” Republican state Rep. Keith Ammon of New Boston wrote on X.
Chuck Morse, a Republican gubernatorial candidate, was president of the Senate when the bill was drafted and passed. He called the ruling “a crucial step toward creating an educational environment focused on unity and equality, and I will not be deterred by this setback.”