Mississippi judge pauses the state's ban on DEI programs in schools and universities
U.S. District Judge Henry Wingate approved the request for a temporary restraining order brought by a group of plaintiffs, including the Mississippi Association of Educators.
The ACLU of Mississippi, which represents the plaintiffs, said in a statement that the law imposes the 'preferred views" of Mississippi's state government on students, educators and families, violating the First and Fourteenth Amendments.
'We are fighting to protect the constitutional rights of teachers and students to share ideas and to receive and exchange knowledge,' the statement said. "We look forward to our day in court.'
The temporary restraining order will stay in place until Wingate rules on the plaintiff's request for preliminary injunction, a longer-term order that would prevent the law from being enforced while litigation plays out in court. The ACLU of Mississippi said Wingate's order is a 'critical first step.'
The law, which passed in April, bans offices, courses, trainings and programs relating to DEI, as well as a list of 'divisive topics.' Educational institutions found to be in violation of the law could lose state funding.
In his ruling, Wingate cited instances where the law is already having an impact as part of his reason for siding with the plaintiffs.
Faculty members at Jackson State University have been instructed not to discuss gender theory or systemic racism, he wrote.
'Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good — it undermines it,' the ruling reads.
Both parties will argue their case at a hearing about the potential preliminary injunction Wednesday.
The Mississippi Attorney General's Office declined to comment on the pending litigation.
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