A new lawsuit in Maryland is taking on a memo from the Trump administration that tells schools and universities to stop any “race-based” practices within two weeks or risk losing federal funding.
Filed by the American Federation of Teachers and the American Sociological Association, the lawsuit argues that the memo violates the First and Fifth Amendments. They claim that forcing schools to adopt only the federal government’s views limits free speech, and the memo is too unclear for schools to understand what practices are allowed.
The lawsuit states, “This letter radically upends and rewrites otherwise well-established jurisprudence.” It emphasizes that no federal law prohibits teaching about race or related topics, and the Supreme Court hasn’t banned efforts to promote diversity and inclusion in education.
The memo, called a Dear Colleague Letter, gives schools until this Friday to eliminate practices that differentiate based on race. The memo justifies this by citing a Supreme Court ruling that bans using race in college admissions. However, it extends this ruling to all aspects of federally funded education, suggesting it applies to admissions, hiring, financial aid, and more.
The Trump administration claims this memo aims to reduce what it describes as discrimination in education, particularly against white and Asian American students.
The lawsuit argues that the Education Department’s interpretation of the Supreme Court ruling is too broad. It raises concerns about the memo’s stance on teaching about systemic racism, questioning how schools can provide a comprehensive U.S. history education without covering important topics, such as slavery and the treatment of Native Americans.
The memo’s author, Craig Trainor, wrote that some diversity and inclusion programs have been introducing racial stereotypes. He asserts that discrimination based on race is, and will always be, illegal.
Moreover, the lawsuit suggests that the Dear Colleague Letter might prohibit voluntary student groups based on race or background, like Black student unions or heritage clubs. It may also restrict outreach efforts aimed at attracting a diverse student body.
The plaintiffs want the court to block enforcement of the memo and declare it invalid. The American Federation of Teachers is one of the largest teachers’ unions in the U.S., and the American Sociological Association represents about 9,000 students and educators. Both groups worry that their teaching and student activities could be at risk of losing federal funding due to this directive.
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