A coalition comprising the American Federation of Teachers (AFT) and the American Sociological Association has filed a federal lawsuit challenging a recent directive from the Trump administration that mandates the elimination of all “race-based” practices in educational institutions. The lawsuit, submitted on Tuesday in Maryland, contends that the U.S. Department of Education’s February 14 memo infringes upon the First and Fifth Amendments by compelling schools to discontinue practices that differentiate individuals based on race, under threat of losing federal funding.
The case marks one of several ongoing suits or challenges to Trump’s anti-DEI policies. Others include the University of Maine pushing back against an executive order banning transgender athletes in college sports and a lawsuit by advocacy groups contending that Trump’s orders are illegal.
The contentious memo, officially termed a Dear Colleague Letter, instructs schools and universities to cease any activities that involve racial distinctions, extending beyond admissions to encompass all facets of student life. The plaintiffs argue that this directive misinterprets a Supreme Court ruling on race in college admissions and could severely impact a wide array of educational activities, including teaching historical events related to race and implementing diversity, equity, and inclusion (DEI) programs.
The lawsuit emphasizes that the memo’s broad language creates ambiguity, potentially prohibiting voluntary student groups based on race or background, such as Black student unions or cultural heritage organizations. It also raises concerns that the directive could ban certain admissions practices not addressed by the Supreme Court decision, including recruitment efforts aimed at attracting students of diverse racial backgrounds.
In response to the lawsuit, the Education Department has not issued an immediate comment. However, in the original memo, Acting Assistant Secretary for Civil Rights Craig Trainor stated that diversity, equity, and inclusion efforts have been “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline,” asserting that any form of racial discrimination remains illegal.
The plaintiffs are seeking a court order to prevent the enforcement of the memo, aiming to protect educational programs and practices that they believe are essential for fostering an inclusive and comprehensive learning environment. The outcome of this legal challenge could have significant implications for how educational institutions across the nation approach issues of race and diversity in their policies and programs.
