On September 17, the deadline for the lawsuit challenging the anti-DEI legislation in New Hampshire was pushed back to October 2. As a result, the temporary restraining order issued was also extended to apply to the October 2 deadline.
Previously, the lawsuit was expected to reach a resolution on September 18 regarding whether or not the preliminary injunction would come to pass. The case was filed on August 7 of this year and has been ongoing ever since. Initially, “Because the anti-DEI legislation was introduced late as a budget amendment, lawmakers did not hold a public hearing on it, as is the case with most other pieces of legislation in the State House,” according to NHPR.
NHPR reported, “The lawsuit argues that the law poses financial implications for both public and private schools,” something that Gilles Bissonette, the legal director for the ACLU of New Hampshire, and Dottie Morris, KSC’s associate vice president for community and belonging, have been arguing in court.
The order from Chief Judge Landya B. McCafferty states the temporary restraining order would stay in place until October 2, 2025, at 11:59 p.m. or until the court issues an order granting or denying plaintiffs’ motion for a preliminary injunction, whichever comes first.
The lawsuit states that “Given HB 2’s vague and far-reaching scope in the education context, enforcers undoubtedly will arbitrarily decide when HB 2 applies and when it does not,” going on to say that “To the extent enforcers believe that any of this conduct is exempt from HB 2, this merely underscores the vague, irrational, and incomprehensible parameters of the law,” as reported by the New Hampshire Bulletin.
Bissonette offered some additional details regarding the extended deadline and how the case will proceed.
“The block still has the same scope, it’s just the date has been changed,” Bissonette said. “The content is still the same, the order is just narrower than it would be if we acquired a preliminary injunction. The block has a smaller scope than the preliminary injunction would.”
When asked if there was a possibility of the deadline being extended again, Bissonette said that it’s “always possible” and that “the court will have to make that decision if they decide they need more time.”
The Legal Information Institute defines a preliminary injunction as “an injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment,” with the goal in this case to prevent HB 2 from being able to enforce anti-DEI policies in schools while the lawsuit is ongoing.
Morris did not respond to multiple requests for comment.
Chloe Erno can be contacted at
cerno@kscequinox.com
