New Hampshire’s Divisive Concepts Law Was Ruled Unconstitutional, Sending a Message to the Nation
Our guest author is Deb Howes, President of AFT-NH. A version of the article originally appeared in the Concord Monitor on June 14, 2024.
A funny thing happened on New Hampshire’s way to threatening to fire teachers for teaching so-called divisive concepts involving gender, race, history and identity. U.S. District Court Judge Paul Barbadoro ruled late in May that the law was so unconstitutionally vague that teachers would be “incentivized to steer well clear of anything that could be construed as violating” the law, thus inhibiting them from doing their best work—exactly the kind of work public school students deserve to help them learn and succeed—and forcing students “to bear the costs” of the law’s ambiguity.
The federal judge’s ruling sends a strong message to other states, such as Florida, Georgia, Texas, Idaho, Tennessee, Mississippi, Alabama and South Dakota, that have passed variations of diversity, equity and inclusion laws restricting instruction on aspects of American history, sexual orientation, gender identity, race or racism.