In a landmark decision on Thursday, U.S. District Judge Stephanie Gallagher struck down two actions initiated by the Trump administration that sought to eliminate diversity, equity, and inclusion (DEI) programs in educational institutions across the United States. The ruling, originating from Maryland, addressed pivotal memos from the U.S. Department of Education that threatened educational institutions with the withdrawal of federal funding should they continue to support or implement DEI initiatives.
These controversial memos, issued by the Trump administration, instructed schools and universities to completely halt “race-based decision-making” in their operations. This directive comprised a total potential loss of federal funds for institutions that did not comply. The policies, according to the administration, aimed to end what it characterized as discriminatory practices against white and Asian American students. However, the ruling on Thursday rejected this approach as it was found to be in violation of legal procedural standards.
Judge Gallagher, appointed by President Trump, didn’t evaluate the content of the policies as “good or bad, prudent or foolish, fair or unfair.” Instead, her decision highlighted that the guidance issued by the Department of Education failed to adhere to essential procedural norms and had instead instigated a profound shift in regulatory practices affecting millions of educators. These educators, under the new guidance, faced the risk of punitive measures against themselves or their institutions for what could be considered lawful and constructive discussions within classrooms.
The implications of the Trump administration’s guidance were broad and complex. Initially set forth in a memo dated February 14, the guidance proposed that any consideration of race in academics or student life – including admissions, financial aid, and hiring – would be seen as a contravention of federal civil rights laws. This interpretation was linked to a 2023 Supreme Court decision that barred racial considerations in college admissions. The Trump administration’s memos suggested that this ruling should not just be limited to admissions but should be expansively applied across all educational practices.
Furthermore, a subsequent memo in April required state education agencies to certify that their operations were free from what it termed “illegal DEI practices.” Non-compliance risked not only the cessation of federal funding but also potential prosecution under the False Claims Act. This broad and aggressive reframe of the government’s approach fundamentally challenged policies designed historically to address deep-seated racial disparities within the education system.
Acting Assistant Secretary of the Department’s Office for Civil Rights, Craig Trainor, defended the memos, stating that educational institutions had perpetuated the notion of the U.S. as a country founded on systemic and structural racism, which in turn, facilitated discriminatory policies and practices. He outlined a stark perspective that saw traditional DEI initiatives as a form of reverse discrimination.
The policies faced intense criticism and were described as a form of government censorship. This backlash was not limited to verbal reprovals but also involved legal challenges. The American Federation of Teachers and the American Sociological Association spearheaded a federal lawsuit in February, arguing that the guidelines from the Education Department imposed “unclear and highly subjective” restrictions that placed educators across the nation in a precarious position. They had to choose between curbing their constitutionally protected speech and association or risking the loss of federal funding and facing legal action.
Legal advocacy firm Democracy Forward, representing the plaintiffs, celebrated the ruling as a significant triumph against what they termed an assault on educational DEI by the administration. Skye Perryman, president and CEO of Democracy Forward, characterized the administration’s actions as threatening to educators and disruptive to educational institutions across the nation, claiming that the ruling represented a victory for the people in the broader “administration’s war on education.”
As of the time of reporting, there was no immediate response from the Education Department regarding Judge Gallagher’s ruling. However, the directive to rescind the challenged memos brings relief to countless educational institutions and educators who support DEI initiatives, reaffirming the importance of inclusive educational practices that consider racial disparities and aim to foster an equitable learning environment.
