A new federal lawsuit filed in Maryland is challenging a memo issued by the Trump administration that requires schools and universities to eliminate 'race-based' practices within two weeks or risk losing federal funding. The lawsuit, brought forth by the American Federation of Teachers union and the American Sociological Association, argues that the memo violates the First and Fifth Amendments of the Constitution.
The Education Department's memo, issued on February 14, orders educational institutions to cease any practices that treat individuals differently based on race by this Friday. The memo cites a Supreme Court decision regarding race in college admissions as justification for the directive, claiming it applies broadly to all federally funded education.
The lawsuit contends that the memo is overly broad and infringes on free speech rights, as well as the ability to teach about race and related topics. It raises concerns about the potential impact on diversity, equity, and inclusion efforts in education.
The memo, known as a Dear Colleague Letter, has been criticized for its vagueness and potential implications on various aspects of student life, including admissions, hiring, financial aid, and graduation ceremonies. The plaintiffs argue that the Education Department is exceeding its authority and misinterpreting the Supreme Court ruling.
The lawsuit also questions the memo's prohibition on teaching about 'systemic and structural racism,' highlighting the challenges schools may face in providing comprehensive U.S. History courses without addressing key historical events related to race.
The plaintiffs seek to halt the enforcement of the memo and have it invalidated, citing concerns about its impact on educational practices and student organizations. The lawsuit raises questions about the potential consequences for voluntary student groups based on race or background, as well as college admissions practices that may not have been addressed in the Supreme Court decision.
The Education Department has not yet responded to the lawsuit. The memo, issued by the acting assistant secretary for civil rights, aims to address what it describes as discrimination in education, particularly against white and Asian American students.
