Latest news with #HenryWingate
Fox News
22-07-2025
- Politics
- Fox News
Federal judge slaps temporary restraining order on Mississippi DEI ban
A federal judge issued a temporary restraining order Sunday against a Mississippi law banning diversity, equity and inclusion (DEI) from public schools and universities. U.S. District Judge Henry Wingate, a nominee of former President Ronald Reagan, approved the request brought by plaintiffs, including the Mississippi Association of Educators, who are represented by the American Civil Liberties Union and the Mississippi Center for Justice. The order pauses implementation for at least 14 days of a state law known as House Bill 1193, which was approved in April and first took effect July 1. 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 as an example. "Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good – it undermines it," Wingate wrote. "An over-broad, constitutionally borderless law should be the target of a well-aimed injunction to promote, rather than impair, the interests of Mississippi citizens, the integrity of its institutions, and the constitutional principles on which this republic stands." The legislation bans DEI offices, programs, trainings and statements and prohibits institutions from considering DEI in contracts and their hiring processes. It also prohibits programs or academic courses promoting "divisive concepts," including that one race, sex, color, or national origin is superior to another or that someone is inherently racist or oppressive, consciously or unconsciously, based on those characteristics. Schools or universities may not promote the concept that an individual's moral character is determined by his or her race, sex, color, or national origin or that "meritocracy or traits such as hard work ethic are racist or sexist, or were created by a particular class to oppress another class." The law also bans "concepts promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation." Institutions found to be in violation of the law could lose state funding. The judge notes that plaintiffs argue "the law's enforcement mechanism – withdrawal of funds, dissolution of student organizations, and employment consequences – exacerbates its chilling effect." "The chilling effect is compounded in the academic context, where the fear of losing state funding compels institutions to over-correct in ways that suppress constitutionally protected speech censorship," Wingate wrote. The order cites affidavits from school officials complaining that "vague prohibitions" under the law resulted in partnerships and programs supporting LGBTQ+ students being abruptly severed. One librarian at Hinds Community College attested she "is uncertain whether promoting material for events like Black History Month or recommending titles related to race, gender, or identity violates the Act." "In this Court's eye, these accounts appear to reflect a broad, chilling effect across public institutions and community organizations," Wingate wrote. "The affidavits detail not only imminent harm, but a possible widespread suppression of speech, programming, and institutional function. The evidence, at this stage, demonstrates a clear and ongoing deprivation of constitutional rights in a manner not compensable by money damages – thus warranting injunctive relief." The judge instructed both sides to appear for a hearing on Wednesday. Wingate can decide whether to extend the temporary restraining order by another 14 days. Plaintiffs are seeking a preliminary injunction, which would more permanently block the DEI ban. A hearing on that matter is scheduled for Aug. 3. It was not immediately known if Mississippi would appeal to the U.S. 5th Circuit Court of Appeals. Fox News Digital reached out to the Mississippi Attorney General's office, but they did not immediately respond.
The Guardian
21-07-2025
- Politics
- The Guardian
US judge pauses enforcement on Mississippi's new anti-DEI programs
Henry Wingate, a US district judge, has temporarily paused the enforcement of Mississippi's new law prohibiting diversity, equity and inclusion (DEI) programs from the state's public schools and universities. On Sunday, he approved a request for a temporary order sought by the Mississippi Association of Educators (MAE) and on behalf of students, educators, student organizations and parents in the state. The plaintiffs, represented by the ACLU of Mississippi and the Mississippi Center for Justice, argue that certain provisions of the law violate the first and 14th amendments. House Bill 1193, which passed in April, prohibits establishing or maintaining DEI offices, programs, trainings or activities. The law also outlines 'divisive concepts', and prohibits 'promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation of these concepts'. The temporary restraining order will remain in effect until the court rules on the plaintiffs' motion for a preliminary injunction. If the preliminary injunction is successful, the law would not be enforced while litigation occurs. Some in the state have already begun working to comply with the law, something Wingate cited in his order. The Mississippi Institutions of Higher Learning (IHL) voted unanimously in a closed-door executive session on 18 July to approve one new policy and advance another that work to enforce the law, according to the Clarion-Ledger. The IHL and state board of education had previously voted to approve policies to create a complaint and investigation process for violations. Local school boards also have to create their own policies. 'Institutions have spent the intervening months attempting to interpret and implement the statute, often erring on the side of caution by canceling or defunding programming that arguably falls within its prohibitions,' he wrote. 'This prolonged period of uncertainty has deepened the chilling effect. As the statute's enforcement provisions – particularly the threat of funding withdrawal after two violations – have become more imminent, the pace and breadth of programmatic shutdowns have accelerated.' The law, plaintiffs argue, is broad and vaguely defined, something Wingate noted in his ruling. 'For example, the law forbids the promotion of 'divisive concepts' without clearly identifying what constitutes 'promotion,' or which views are considered 'divisive,'' the ruling reads. 'It bans programming that 'increases awareness or understanding of race, sex, color, gender identity, sexual orientation, or national origin,' which, say Plaintiffs, could encompass virtually all educational material in subjects such as history, sociology, gender studies, or literature. This, continue Plaintiffs, leaves institutional actors with no objective standards, fostering arbitrary enforcement and pervasive self-censorship.' The law has already had a chilling effect. One affidavit cited in the ruling was from the president of an LGBTQ+ group at Mississippi State University, which said that administrators removed the organization from its diversity center home, cut its funding and restructured the organization – all to comply with the bill. The president of the organization said that members had begun to censor their own speech. The director of student development at Tougaloo College, an HBCU, said that she had suspended longstanding programs that support LGBTQ+ students and faculty to ensure that the institution does not violate HB 1193 and lose funding. The former director of the Fannie Lou Hamer National Institute on Citizenship and Democracy at Jackson State University said that the institute was defunded and effectively ended, despite its success, because, according to the ruling, of 'the vague prohibitions under HB 1193 and institutional fear of non-compliance'. 'The public benefits from robust academic freedom and the cross-pollination of diverse viewpoints,' Wingate wrote. 'Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good – it undermines it. An over-broad, constitutionally borderless law should be the target of a well-aimed injunction to promote, rather than impair, the interests of Mississippi citizens, the integrity of its institutions, and the constitutional principles on which this republic stands.'
The Hill
21-07-2025
- Politics
- The Hill
Judge temporarily blocks DEI ban in Mississippi
A federal judge issued a temporary restraining order Monday blocking a Mississippi law prohibiting diversity, equity and inclusion (DEI) programs in public schools and colleges, citing First Amendment grounds. 'This Court finds that each day the statute remains unclarified, undefined, and under a threat of open interpretation, exacerbates the suppression of protected speech,' Judge Henry Wingate said in his ruling. The plaintiffs included the Mississippi Educators Association, which represents public school teachers, as well as student organizations and faculty at several state colleges, including Jackson State University, a historically Black institution. They argued that the Mississippi law had chilled free expression and forced them to cancel previously scheduled DEI initiatives or training. The law prohibits the promotion of 'divisive concepts' or programming that 'increases awareness or understanding of race, sex, color, gender identity, sexual orientation, or national origin.' In his ruling, Wingate argued that the law was unclear and could be construed to be enforced unevenly. 'Institutions have spent the intervening months attempting to interpret and implement the statute, often erring on the side of caution by canceling or defunding programming that arguably falls within its prohibitions. This prolonged period of uncertainty has deepened the chilling effect,' Wingate wrote. The parties are due back in court on July 23 for a hearing on a possible preliminary injunction, which would be a stronger block on the law. Mississippi is one of at least 16 states that have passed bills since 2023 restricting DEI in some way, including by targeting diversity statements, DEI-related courses, or mandatory training.
The Guardian
21-07-2025
- Politics
- The Guardian
US judge pauses enforcement on Mississippi's new anti-DEI programs
Henry Wingate, a US district judge, has temporarily paused the enforcement of Mississippi's new law prohibiting diversity, equity and inclusion (DEI) programs from the state's public schools and universities. On Sunday, he approved a request for a temporary order sought by the Mississippi Association of Educators (MAE) and on behalf of students, educators, student organizations and parents in the state. The plaintiffs, represented by the ACLU of Mississippi and the Mississippi Center for Justice, argue that certain provisions of the law violate the first and 14th amendments. House Bill 1193, which passed in April, prohibits establishing or maintaining DEI offices, programs, trainings or activities. The law also outlines 'divisive concepts', and prohibits 'promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation of these concepts'. The temporary restraining order will remain in effect until the court rules on the plaintiffs' motion for a preliminary injunction. If the preliminary injunction is successful, the law would not be enforced while litigation occurs. Some in the state have already begun working to comply with the law, something Wingate cited in his order. The Mississippi Institutions of Higher Learning (IHL) voted unanimously in a closed-door executive session on 18 July to approve one new policy and advance another that work to enforce the law, according to the Clarion-Ledger. The IHL and state board of education had previously voted to approve policies to create a complaint and investigation process for violations. Local school boards also have to create their own policies. 'Institutions have spent the intervening months attempting to interpret and implement the statute, often erring on the side of caution by canceling or defunding programming that arguably falls within its prohibitions,' he wrote. 'This prolonged period of uncertainty has deepened the chilling effect. As the statute's enforcement provisions – particularly the threat of funding withdrawal after two violations – have become more imminent, the pace and breadth of programmatic shutdowns have accelerated.' The law, plaintiffs argue, is broad and vaguely defined, something Wingate noted in his ruling. 'For example, the law forbids the promotion of 'divisive concepts' without clearly identifying what constitutes 'promotion,' or which views are considered 'divisive,'' the ruling reads. 'It bans programming that 'increases awareness or understanding of race, sex, color, gender identity, sexual orientation, or national origin,' which, say Plaintiffs, could encompass virtually all educational material in subjects such as history, sociology, gender studies, or literature. This, continue Plaintiffs, leaves institutional actors with no objective standards, fostering arbitrary enforcement and pervasive self-censorship.' The law has already had a chilling effect. One affidavit cited in the ruling was from the president of an LGBTQ+ group at Mississippi State University, who said that administrators removed the organization from its diversity center home, cut its funding and restructured the organization – all to comply with the bill. The president of the organization said that members have begun to censor their own speech. The director of student development at Tougaloo College, an HBCU, said that she had suspended long-standing programs that support LGBTQ+ students and faculty to ensure that the institution does not violate HB 1193 and lose funding. The former director of the Fannie Lou Hamer National Institute on Citizenship and Democracy at Jackson State University said that the institute was defunded and effectively ended, despite its success, because, according to the ruling, of 'the vague prohibitions under HB 1193 and institutional fear of non-compliance'. 'The public benefits from robust academic freedom and the cross-pollination of diverse viewpoints,' Wingate wrote. 'Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good – it undermines it. An over-broad, constitutionally borderless law should be the target of a well-aimed injunction to promote, rather than impair, the interests of Mississippi citizens, the integrity of its institutions, and the constitutional principles on which this republic stands.'
21-07-2025
- Politics
Mississippi judge pauses the state's ban on DEI programs in schools and universities
JACKSON, Miss. -- A Mississippi law that bans diversity, equity and inclusion programs from public schools and universities was temporarily blocked by a federal judge Sunday. 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.
