On Thursday, Oct. 2, a federal court in New Hampshire ruled in favor of a preliminary injunction in the ongoing lawsuit against the anti-diversity, equity and inclusion (DEI) law, HB 2.
According to the court order, “a universal injunction is broader than necessary to provide plaintiffs with complete relief, but the court must expressly enjoin defendants from enforcing the anti-DEI laws against certain non-parties in order to provide plaintiffs
with complete relief.”
The court document states plaintiffs must demonstrate that they are likely to succeed on the case’s merits, likely to suffer irreparable harm without relief, that the balance of equities tips in their favor and that an injunction is in the public interest.
The court found that a statewide injunction, which is what the plaintiffs wanted, is not necessary to provide the respective plaintiffs in this case with complete relief. The court also found that “At the same time, an injunction limited to enjoining defendants from enforcing the anti-DEI laws against the named plaintiffs would fail to provide plaintiffs with complete relief.”
The court decided that it would instead be appropriate to prevent the defendants from imposing the anti-DEI laws specifically in regard to regulated entities with which the plaintiffs work or are otherwise employed.
Some of the grievances outlined in the court order include allegations of violations of due process rights under the Fourteenth Amendment, as well as violations of the First Amendment and the rights of the National Education Association of NH and KSC Vice President for the Office of Community and Belonging Dottie Morris.
The court found that the plaintiffs have a high probability of succeeding in their claim that the laws themselves are overtly vague in nature, that they conflict with the IDEA and ADA and that the plaintiffs will experience “irreparable harm” if no relief is provided.
Morris provided her thoughts about the verdict in an interview.
“I was very happy to hear the judge’s response and her decision,” Morris said. “It was very good news.”
Morris noted the importance of DEI work as well.
“I have very high hopes. I feel like we’re at a point where more people are talking about things and learning about what DEI really entails. Giving people a space where their voices can be heard and respected,” she said.
Morris also commented on the possibility of the office of community and belonging reverting back to its original title.
“I haven’t thought about that. Community and Belonging embodies the work, which is why it was changed. I’m not sure, though, I would have to talk to others,” Morris said.
The four defendants in the ongoing lawsuit were reached out for a response, but the New Hampshire Attorney General’s office did not respond to a request by deadline.
Chloe Erno can be contacted at
cerno@kscequinox.com
