A US district court has ruled that a lawsuit may proceed against a New Hampshire state law that “discourages public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity in the classroom,” according the the Boston-based GLBTQ Legal Advocates & Defenders (GLAD), among those challenging the law. The state had requested the case be dropped.
The suit was filed by New Hampshire teachers unions and the state’s ACLU to dispute this state law that forbids teachers from “advocating for a number of topics including that a person of one race, gender, sexual orientation, or other characteristic is superior or inferior to another, and that people of one characteristic are inherently oppressive of others,” according to The Concord Monitor.
Reports the Monitor:
In an order issued Thursday, District Court Judge Paul Barbadoro struck down the state’s attempt to throw out the lawsuit due to a lack of a valid claim. That decision means the case will move next into discovery and toward a full trial.
“Given the severe consequences that teachers face if they are found to have taught or advocated a banned concept, plaintiffs have pleaded a plausible claim that the amendments are unconstitutionally vague,” Barbadoro wrote.
The ACLU, the American Federation of Teachers of New Hampshire, the National Education Association, and a handful of individual educators sued the state over the law in December 2021. The law bars teachers and state employees from advocating for a number of topics, including that a person of one race, gender, sexual orientation, or other characteristic is superior or inferior to another, and that people of one characteristic are inherently oppressive of others.
The teachers unions say the law is too vaguely worded to know how to follow, and that the high penalties for teachers in violation – which can include civil lawsuits and the loss of credentials – mean that educators must self-censor to avoid potentially falling afoul of it. The state has countered that the law is not vaguely constructed, pointing to guidance issued by the Attorney General’s Office over how to interpret it, and argued that public employees do not have full freedom of speech when it comes to their jobs.
“New Hampshire is one of many states across the country that passed similar laws in 2021 aimed at censoring discussions around race and gender in the classroom. New Hampshire is one of three states that have had similar laws challenged in court,” notes GLAD in a recent press release.
“’Our public schools are a critical civic institution, and we entrust New Hampshire’s dedicated teachers and administrators to help students understand the world around them and prepare to take their place as adults in our increasingly diverse state and country,’ said GLAD attorney Chris Erchull.”
Read the complete Concord Monitor story here.
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