“Diversity, equity, and inclusion initiatives are legal efforts that help students feel safe, supported, and respected,” Massachusetts Attorney General Andrea Joy Campbell said in a statement. “The Trump administration’s threats to withhold critical education funding due to the use of these initiatives are not only unlawful, but harmful to our children, families, and schools.”
The attorneys general of 19 states have filed a federal lawsuit challenging the Trump administration’s order to eliminate diversity, equity, and inclusion programs in public schools.
According to The Associated Press, the lawsuit was filed earlier this week in a Massachusetts-based federal court. Collectively, the attorneys general have asked the court to issue an order prohibiting the U.S. Department of Education from withholding money on the sole basis of non-compliance with its newly-introduced DEI policies.
The Trump administration has given most states an April 24 deadline to demonstrate compliance.
“Diversity, equity, and inclusion initiatives are legal efforts that help students feel safe, supported, and respected,” Massachusetts Attorney General Andrea Joy Campbell said in a statement. “The Trump administration’s threats to withhold critical education funding due to the use of these initiatives are not only unlawful, but harmful to our children, families, and schools.”
The Associated Press notes that judges in three states have already ruled against the administration in separate but related cases. Earlier this year, a Maryland judge postponed the effective date of a February memo instructing schools and colleges to end most DEI-related practices.
“The government cannot proclaim entire categories of classroom content discriminatory to sidestep the bounds of its statutory authority,” wrote Maryland-based Judge Stephanie Gallagher, who is herself a Donald Trump appointee.
A judge in Washington, DC, also granted a preliminary injunction against the order, while a New Hampshire court found that the Department of Education cannot enforce its DEI dictates.
The latest lawsuit, filed on behalf of 19 states, alleges that the Trump administration has imperiled approximately $13.8 billion in funding, including money that is used to serve students with disabilities and special needs.
“Plaintiffs are left with an impossible choice: either certify compliance with an ambiguous and unconstitutional federal directive—threatening to chill policies, programs and speech—or risk losing indispensable funds that serve their most vulnerable student populations,” the lawsuit claims.
The plaintiffs include the attorneys general of Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
The U.S. Department of Education’s current stance on DEI suggests that not all forms of diversity, equity, and inclusion programs are unlawful—but it has yet to provide a firm definition of the term “DEI,” instead insisting that schools “veil discriminatory policies with terms like ‘social-emotional learning’ or ‘culturally responsive teaching.’”
Sources
19 states sue Trump administration over push to end diversity programs in public schools
Trump Can’t Enforce Anti-DEI Directives in Schools, 3 Judges Say
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