The judges’ orders came the same day states and school districts faced a deadline from the U.S. Department of Education to sign a certification that their schools aren’t using what the administration has termed “illegal DEI practices.”

A New Hampshire federal judge has barred the U.S. Department of Education from carrying out its threats to pull federal funding from public schools that don’t eliminate diversity, equity and inclusion programs and initiatives.

U.S. District Judge Landya McCafferty argued that the U.S. Education Department’s effort to block federal funding for public schools that continue to promote DEI programs “likely violates the First Amendment,” presenting “textbook viewpoint discrimination.”