Federal judge blocks New Hampshire law that limits teaching 'divisive concepts' in K-12

A federal judge on Tuesday struck down a "divisive concept" law in New Hampshire, ruling that state laws that limit culture-based lessons in elementary and high schools are unconstitutional.

The state laws, passed in 2021, prohibited teachers in public schools from teaching students that they are inherently racist, sexist, or oppressive based on their race, gender identity, or religion. It stems from an executive order from former President Donald Trump that ended federal funding to schools that promoted curricula like Critical Race Theory (CRT).

The move is considered a victory for teacher unions and advocacy groups that support CRT, like the American Civil Liberties Union (ACLU), National Education Association (NEA), and American Federation of Teachers (AFT), according to Politico.

“[The laws created] viewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement,” U.S. District Judge Paul J. Barbadoro wrote in his decision. “Thus, the Amendments violate the Fourteenth Amendment to the U.S. Constitution.”

“All told, the banned concepts speak only obliquely about the speech that they target and, in doing so, fail to provide teachers with much-needed clarity as to how the Amendments apply to the very topics that they were meant to address,” Barbadoro wrote. “This lack of clarity sows confusion and leaves significant gaps that can only be filled in by those charged with enforcing the Amendments, thereby inviting arbitrary enforcement.”

The New Hampshire Justice Department said it was still considering its next steps, including whether it would appeal the ruling. 

The legal ruling could now set the stage for a larger debate on the issue, as more than a dozen states have banned race-based curriculum. But the New Hampshire ruling is considered a victory for educators, despite it being a Republican-led state.

“All New Hampshire teachers and students won big today,” AFT New Hampshire President Deb Howes said in a statement. “This decision should put to rest the issue, and New Hampshire teachers will no longer have to live under a cloud of fear of getting fired for actually teaching accurate, honest education.”

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.