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Judge strikes down guidance against diversity programmes

jamaica-gleaner.com -- Sunday, August 17, 2025, 1:53:08 AM Eastern Daylight Time
Categories: Civil Lawsuits & Defamation Cases, Presidential Campaigns, Supreme Court & Judicial Appointments
Judge strikes down guidance against diversity programmes

A federal judge last Thursday struck down two Trump administration actions aimed at eliminating diversity, equity and inclusion programs at the nation's schools and universities.

In her ruling, US District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives.

The guidance has been on hold since April when three federal judges blocked various portions of the Education Department's anti-DEI measures.

The ruling Thursday followed a motion for summary judgment from the American Federation of Teachers and the American Sociological Association, which challenged the government's actions in a February lawsuit.

The case centers on two Education Department memos ordering schools and universities to end all "race-based decision-making" or face penalties up to a total loss of federal funding. It's part of a campaign to end practices the Trump administration frames as discrimination against white and Asian American students.

The new ruling orders the department to scrap the guidance because it runs afoul of procedural requirements, though Gallagher wrote that she took no view on whether the policies were "good or bad, prudent or foolish, fair or unfair".

Gallagher, who was appointed by President Donald Trump, rejected the government's argument that the memos simply served to remind schools that discrimination is illegal.

"It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished," Gallagher wrote.

Democracy Forward, a legal advocacy firm representing the plaintiffs, called it an important victory over the administration's attack on DEI.

"Threatening teachers and sowing chaos in schools throughout America is part of the administration's war on education, and today the people won," said Skye Perryman, the group's president and CEO.

A statement from the Education Department on Thursday said it was disappointed in the ruling but that "judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level".

The conflict started with a Feb. 14 memo declaring that any consideration of race in admissions, financial aid, hiring or other aspects of academic and student life would be considered a violation of federal civil rights law.

The memo dramatically expanded the government's interpretation of a 2023 Supreme Court decision barring colleges from considering race in admissions decisions. The government argued the ruling applied not only to admissions but across all of education, forbidding "race-based preferences" of any kind.

"Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon 'systemic and structural racism' and advanced discriminatory policies and practices," wrote Craig Trainor, the acting assistant secretary of the department's Office for Civil Rights.

A further memo in April asked state education agencies to certify they were not using "illegal DEI practices." Violators risked losing federal money and being prosecuted under the False Claims Act, it said.

In total, the guidance amounted to a full-scale reframing of the government's approach to civil rights in education. It took aim at policies that were created to address longstanding racial disparities, saying those practices were their own form of discrimination.

The memos drew a wave of backlash from states and education groups that called it illegal government censorship.

In its lawsuit, the American Federation of Teachers said the government was imposing "unclear and highly subjective" limits on schools across the country. It said teachers and professors had to "choose between chilling their constitutionally protected speech and association or risk losing federal funds and being subject to prosecution."

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Opinion:

The recent ruling by US District Judge Stephanie Gallagher striking down the Trump administration's attempts to eliminate diversity, equity, and inclusion (DEI) programs in educational institutions is a significant moment in the ongoing struggle for social justice in America. This decision not only underscores the legal and procedural failures of the previous administration’s directives but also highlights the critical importance of DEI initiatives in fostering inclusive environments that reflect the nation’s demographic diversity. The ruling aligns with a broader historical context where systemic inequalities have necessitated affirmative steps to ensure equitable access and representation in education.

Historically, DEI programs have emerged as a response to centuries of racial and social injustices that have permeated American society. The legacy of segregation, discriminatory hiring practices, and unequal access to education for marginalized communities has created stark disparities that persist to this day. The Trump administration's attempt to undermine DEI initiatives can be seen as part of a political strategy to revert to a pre-civil rights era. By framing such initiatives as discriminatory against white and Asian American students, the administration sought to erase the complexities of race and privilege in America, ignoring the historical injustices that have disproportionately affected communities of color. Gallagher's ruling is a reaffirmation of the necessity of DEI programs as tools for addressing these deeply ingrained inequalities.

The ruling also highlights the procedural inadequacies of the Trump administration's guidance. Gallagher pointed out that the Education Department's memos created an atmosphere of fear among educators regarding the potential repercussions of their lawful practices. This chilling effect on academic freedom and the open discourse necessary for education to thrive is reminiscent of past governmental overreach in regulating what can be taught in schools. By sowing doubt and chaos, the previous administration aimed to stifle the progressive movement toward a more inclusive educational framework—one that is essential not only for the growth of individual students but for the health of democracy itself.

Moreover, the recent ruling is emblematic of a larger struggle within the American political landscape, where the fight for DEI is often met with vehement opposition. This conflict is not merely about educational policy; it encapsulates broader societal battles over race, equity, and justice. The efforts to dismantle DEI initiatives reflect a fear of confronting the uncomfortable truths of systemic racism and inequality. As activists and educators continue to advocate for DEI programs, they are simultaneously challenging the narratives imposed by those who benefit from the status quo. The ruling serves as both a legal victory and a moral affirmation of the values of equity and inclusion in educational settings.

Looking forward, this decision provides a crucial opportunity for advocates of social justice to engage in meaningful dialogue with opponents of DEI initiatives. It is essential to emphasize the fundamental role that inclusivity plays in enriching educational experiences and preparing students for a diverse world. Engaging right-wing perspectives requires presenting a well-rounded understanding of how DEI programs not only benefit marginalized groups but also enhance the learning environment for all students. The educational landscape must reflect the diverse society it serves, as this diversity fosters critical thinking, empathy, and innovation—qualities indispensable for the leaders of tomorrow.

In conclusion, Judge Gallagher's ruling is a pivotal moment that reinforces the importance of DEI initiatives in American education. It serves as a reminder that the struggle for equity and inclusion is deeply rooted in our nation's history and continues to be a vital component of achieving social justice. As we navigate the complexities of these discussions, it is imperative to advocate for policies that recognize and celebrate our diversity rather than suppress it. The fight for inclusive education is a fight for a more just society, and this ruling is a step forward in that ongoing struggle.

Action:

The recent ruling by U.S. District Judge Stephanie Gallagher, which struck down the Trump administration's attempts to eliminate diversity, equity, and inclusion (DEI) programs, marks a significant moment in the ongoing struggle for equitable educational practices in American schools and universities. This legal decision not only reaffirms the importance of DEI initiatives but also highlights the persistent tension between progressive educational policies and reactionary political movements aimed at dismantling them. To fully understand the implications of this ruling, it's essential to consider the historical context of civil rights legislation and the contemporary political landscape that seeks to undermine these advancements.

Historically, the fight for civil rights in the United States has been characterized by a series of legislative and judicial battles aimed at dismantling systemic racism and promoting equality. The landmark Brown v. Board of Education decision in 1954 mandated the desegregation of public schools, laying the groundwork for future initiatives aimed at fostering diversity and inclusion. Over the decades, various programs and policies have been implemented to counteract the legacies of discrimination and to promote equal opportunities for marginalized groups, particularly in education. The recent attempts by the Trump administration to redefine the parameters of "race-based decision-making" represent a disturbing regression in this historical trajectory, as they seek to erase the progress made in addressing racial inequalities in educational institutions.

The ruling by Judge Gallagher serves as a reminder that the ideological battle over DEI programs is far from over. The judge's decision highlights the procedural failures of the Trump administration and underscores the necessity of lawful and transparent governance in educational policy. By attempting to impose draconian penalties on institutions that uphold DEI initiatives, the administration not only undermined the legal framework established to protect students from discrimination but also instilled fear among educators. This chilling effect on academic freedom and expression is particularly concerning in a democratic society where open discourse and diverse perspectives are foundational principles.

For Americans who are committed to advancing equity in education, this ruling provides an opportunity to mobilize and advocate for the preservation and expansion of DEI programs. Engaging in grassroots organizing, supporting educational initiatives that promote inclusivity, and participating in public forums can amplify the voices of those who have been historically marginalized. Furthermore, individuals can leverage their positions within communities—whether as parents, educators, or students—to advocate for policies that prioritize diversity and foster an environment where all students feel valued and represented. Building coalitions with organizations that specialize in civil rights and educational equity can also enhance the impact of these efforts.

Educationally, it is important to raise awareness about the benefits of DEI programs not just within academic circles but across broader societal contexts. Research consistently shows that diverse educational environments lead to improved learning outcomes, increased creativity, and enhanced problem-solving skills. By illustrating the tangible benefits of DEI initiatives, advocates can counteract the narrative propagated by detractors who frame these programs as discriminatory. Furthermore, fostering discussions around the importance of representation in curricula and faculty hiring can help dismantle the false dichotomy of "reverse discrimination" and highlight the necessity of equitable practices in education.

In conclusion, the recent judicial ruling against the Trump administration's anti-DEI measures is a pivotal moment for those committed to promoting civil rights and educational equity in America. It is crucial for advocates to seize this opportunity to strengthen the fight for diversity and inclusion in educational institutions, utilizing historical context and empirical data to make their case. By engaging in community organizing, fostering inclusive dialogues, and advocating for equitable policies, Americans can collectively ensure that the progress made in the realm of civil rights is not only preserved but advanced for future generations.

To Do:

In light of the recent ruling by U.S. District Judge Stephanie Gallagher that struck down actions aimed at eliminating diversity, equity, and inclusion (DEI) programs, there are several avenues for individuals to engage and advocate for the preservation and enhancement of DEI initiatives in education. Here’s a detailed list of actions that can be taken:

### Personal Actions to Support DEI Initiatives

1. **Educate Yourself and Others:** - Read books and articles about DEI in education to understand its importance. - Host community discussions or book clubs focused on DEI topics.

2. **Engage with Local Educational Institutions:** - Attend school board meetings or university governing body sessions to express support for DEI programs. - Join or form parent-teacher associations that prioritize diversity and inclusion.

3. **Advocate for Policy Change:** - Write to local and state representatives advocating for the protection and funding of DEI programs. - Organize or participate in community workshops to educate others on the benefits of DEI.

### Specific Actions to Take

1. **Sign and Share Petitions:** - **Petition for DEI Funding**: Use platforms like Change.org or MoveOn.org to find or create petitions advocating for the protection of DEI funding in education. - Example: Look for petitions like "Support Diversity Programs in Our Schools" and share them within your community.

2. **Contact Elected Officials:** - **Who to Write To**: - **Your Local School Board**: Find your local school board members and express support for DEI initiatives. - **State Representatives**: Contact your state assembly members who handle education policy. - **Example Contacts**: - **Maryland State Delegate**: Delegate Angela Angel - Email: angela.angel@house.state.md.us - Address: 1411 Light St, Annapolis, MD 21401

3. **Write Letters to the Editor:** - Submit letters to local newspapers advocating for the continuation and expansion of DEI programs in education. - Example: "I urge our school board to prioritize diversity and inclusion in our educational policies, ensuring that every student feels valued and represented."

4. **Engage with Advocacy Groups:** - Join organizations like the American Federation of Teachers or the American Sociological Association to stay informed and get involved in advocacy efforts. - Participate in their campaigns and initiatives that promote DEI.

5. **Support Local DEI Programs:** - Volunteer with organizations that work on DEI initiatives in schools or communities, such as local nonprofits or educational foundations. - Example: Volunteer for a mentoring program that focuses on underrepresented students.

### What to Say

1. **When Writing to Officials**: - Emphasize the importance of DEI programs in fostering an inclusive educational environment. - Express your support for maintaining federal funding for these programs and urge them to resist any measures that threaten them.

Example message: ``` Dear [Official's Name],

I am writing to express my strong support for diversity, equity, and inclusion programs within our educational institutions. The recent ruling by Judge Gallagher highlights the vital role these initiatives play in creating an equitable learning environment for all students. It is essential that we protect and promote DEI programs, as they ensure that every student feels valued and has the opportunity to thrive.

I urge you to advocate for policies that support DEI initiatives and to oppose any attempts to undermine them. Thank you for your attention to this critical issue.

Sincerely, [Your Name] [Your Contact Information] ```

2. **In Community Discussions**: - Share personal stories or data that illustrate the positive impacts of DEI initiatives on student success and community well-being. - Encourage open dialogue about the importance of representation and inclusion in education.

By taking these actions, individuals can contribute to the ongoing support and advocacy for diversity, equity, and inclusion in education, ensuring that these vital programs are not only preserved but also enhanced for future generations.


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Judge strikes down Trump administration guidance against DEI programs at schools, colleges


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