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Federal judge rules New Hampshire law limiting teaching of race, gender topics unconstitutional

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Federaljudge rules NH law unconstitutional

A federal judge in New Hampshire struck down a New Hampshire law that limited public schools’ teaching of race and gender topics, ruling the law is unconstitutional Tuesday.

U.S. District Judge Paul J. Barbadoro’s decision is the first in the nation to overturn such a measure for kindergarten through 12th grade public schools, the American Civil Liberties Union (ACLU) of New Hampshire said Tuesday.

The state law sought to curb New Hampshire public schools from discussing “divisive concepts” related to race or sex, banning K-12 students from being “taught, instructed, inculcated or compelled to express belief in, or support for” the idea they are “inherently superior” to others based on their race, religion, gender identity or other characteristic.

The law was passed in June 2021 in response to President Biden’s revoking of former President Trump’s executive order that sought to halt federal funding training based on “anti-American race and sex stereotyping and scapegoating.”

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