A federal judge has ruled against two actions from the Trump administration that targeted diversity, equity, and inclusion (DEI) programs in educational institutions across the United States. On October 19, 2023, U.S. District Judge Stephanie Gallagher found that the U.S. Department of Education overstepped its authority by threatening to withhold federal funding from schools and universities that continued to implement DEI initiatives.
The ruling comes after a legal challenge from the American Federation of Teachers and the American Sociological Association, who filed a lawsuit in February contesting the government’s actions. Gallagher’s decision invalidates guidance issued by the Education Department that mandated educational institutions cease all “race-based decision-making” under the threat of severe financial penalties.
In her ruling, Gallagher emphasized that the guidance failed to meet necessary procedural requirements. While she did not comment on the overall merit of the DEI policies, she acknowledged the significant impact the guidance had on educators, stating, “It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct.” She noted that this created an environment where educators feared repercussions for their lawful speech.
The judge’s ruling comes after the guidance had been effectively suspended since April, when three federal judges blocked parts of the Education Department’s measures aimed at curbing DEI programs. The latest ruling underscores the tension surrounding the current administration’s approach to civil rights in education, particularly following a February 14, 2023 memo that broadened the interpretation of a Supreme Court decision prohibiting race considerations in college admissions.
The Trump administration framed its actions as necessary to combat perceived discrimination against white and Asian American students, arguing that educational institutions had adopted policies promoting the idea of “systemic and structural racism.” This perspective was articulated by Craig Trainor, the acting assistant secretary of the Office for Civil Rights, who wrote that schools had “toxically indoctrinated students” with such beliefs.
In response to Gallagher’s ruling, Skye Perryman, president and CEO of Democracy Forward, which represented the plaintiffs, hailed the decision as a significant victory against what she described as an attack on education. “Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won,” she stated.
The Education Department has not yet commented on the ruling, which requires the agency to abandon its previous guidance. The legal dispute reflects broader national debates over DEI initiatives and their role in addressing long-standing educational disparities. Critics of the administration’s approach have expressed concerns that such measures undermine efforts to create an inclusive educational environment.
As discussions continue regarding the future of DEI programs in schools and universities, this ruling represents a pivotal moment in the ongoing dialogue about race, equity, and education in the United States.