Maryland judge rules against measures limiting diversity, equity and inclusion initiatives
A federal court in Maryland has struck down two actions by the U.S. Department of Education that sought to limit diversity, equity, and inclusion (DEI) programs in schools and universities nationwide.
U.S. District Judge Stephanie Gallagher ruled that the department’s guidance violated procedural requirements. She clarified that her decision did not assess whether the policies themselves were right or wrong. The ruling came in response to a lawsuit filed in February by academic organizations challenging the legality of the measures.
Background on the guidance
The challenged measures were issued through two memos. The first, in February, stated that any consideration of race in admissions, financial aid, hiring, or other academic matters would be considered a violation of federal civil rights law. This memo expanded the application of a 2023 Supreme Court ruling beyond admissions, extending it to all aspects of academic life.
In April, a second memo requested state education agencies to certify they were not implementing what the department considered “illegal” DEI practices. Institutions found in violation risked losing federal funding and facing legal penalties.
Arguments and impact of the decision
The Department of Education argued that the memos were intended to remind institutions that discrimination is prohibited. However, the court’s decision notes that the measures created uncertainty within the educational community, causing some educators to fear sanctions for lawful and beneficial activities.
As a result of the ruling, the Department of Education must withdraw the guidance. The decision leaves intact the department’s authority to enforce Title VI protections, but without the now-invalidated provisions.
