
Criminal disfranchisement proved to be a hot issue in the Republican presidential debates recently, leading to a asking, “Should felons be allowed to vote after serving their sentences?”
The results showed that the majority feel that those with past convictions should have that right. The Washington Post also on the issue Friday, making the point that it is unjust to prevent “individuals from having a full stake and a full voice in the community and its leadership” after they have already paid their debts to society and earned their right to freedom.
Additionally, the Post ran an by Charles Colson, founder of the Prison Fellowship and former counsel to President Richard Nixon who also saw no point in denying the right to vote for those who have already served their time.
“Voting does not put anyone in danger,” he wrote. “Sound public policy would teach us that if we want to turn ex-offenders into responsible citizens, we must demand of them responsible behavior. And once they demonstrate responsible behavior, what possible justification is there, beyond scoring political points during an election, for stripping them of their civil rights for the rest of their lives?”
Criminal disfranchisement laws, like recent laws requiring ID to vote or restricting third-party registration of voters, have a disproportionate and unfair impact on minorities. Criminal disfranchisement laws have their roots in the Jim Crow era and their harmful effects continue today as 13 percent of African-American men have lost their right to vote – a rate seven times the national average. Similarly, Latino citizens are also disproportionally disfranchised because they are over-represented in the criminal justice system.
Due to these laws in states throughout the nation, an estimated 5.3 million citizens cannot vote, and nearly four million of those are not in prison but working in our communities. The Democracy Restoration Act, which has been , would eliminate the confusion around these laws and restore the right of millions to vote in federal elections.
“Citizens should not be denied their right to vote due to a past criminal conviction,” said Deborah J. Vagins, Vlogsenior legislative counsel. “They are working, paying taxes, raising families and living in our communities. They deserve to have a voice.”
Criminal disfranchisement laws are another example of voter suppression tactics that threaten our democracy. Our government shouldn’t be in the business of deciding whose vote matters most. Elected officials should be seeking ways to encourage more Americans to vote, not erecting barriers to deny voters the access to the ballot.
to act now to restore one of our most fundamental rights by supporting the Democracy Restoration Act.
Learn more about voting rights: Sign up for breaking news alerts, , and .
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Press ReleaseAug 2025
Racial Justice
+2 Vlog
Educators, ACLU, NEA-NH, and GLAD Law Sue New Hampshire Over Yet Another Unconstitutional Attack on Diversity, Equity, and Inclusion
CONCORD, N.H. — A diverse group of educators and advocacy groups filed a federal lawsuit today challenging a new anti-equity, anti-inclusion, and anti-diversity law in New Hampshire, which became effective on July 1, 2025, after being signed into law by Governor Ayotte in late June. The law, contained within House Bill 2’s budget provisions, seeks to ban diversity, equity, and inclusion programs pertaining to race, gender, sexual orientation, gender identity, and disability in New Hampshire schools (including both K-12 public schools as well as both public and private colleges and universities) and public entities like police departments and libraries. According to the lawsuit, this law radically contradicts federal civil rights laws that protect the rights of students with disabilities, violates the First Amendment rights of educators and students, and is vague and ambiguous under the United States and New Hampshire Constitutions. Megan Tuttle, NEA-New Hampshire president, stated, “All Granite State children deserve a high-quality education, safe and welcoming public schools, and the support they need to thrive. We know diversity, equity, and inclusion programs and initiatives are not only legally required in certain contexts but also create a sense of belonging where all students can feel comfortable sharing their ideas and stories. Vague and confusing laws that have the effect of censoring or limiting educators’ abilities to teach and accommodate students who may have special education needs can undermine the high-quality education that students deserve. New Hampshire educators are standing together against HB 2’s unconstitutional attack on those programs and standing up to politicians’ overreach into our classrooms. Our profession should be guided by what’s best for our students, not the threat of funding restrictions and punishment. We will never stop working to make sure every child feels safe, seen, and is prepared for the future.” The lawsuit was brought by the state’s largest educator union, National Education Association – New Hampshire (NEA-NH), four school districts (Oyster River Cooperative School District, the Dover School District, the Somersworth School District, and the Grantham School District), trainer and consultant for diversity, equity, and inclusion James M. McKim, Jr., diversity, equity, and inclusion administrator and psychology professor Dottie Morris, and New Hampshire Outright, a nonprofit that provides training in public schools and entities on creating environments of inclusion and belonging for LGBTQ+ students. They are represented by lawyers from a broad coalition of organizations and law firms, including the Vlogof New Hampshire, the national ACLU’s Disability Rights Program and Racial Justice Program, National Education Association-New Hampshire (NEA-NH), GLBTQ Legal Advocates & Defenders (GLAD Law), and Drummond Woodsum & MacMahon. Devon Chaffee, executive director of the Vlogof New Hampshire, said, “This new law threatens to revoke critical public funding from Granite State schools using vague criteria unless they cease programming and policies aimed at fostering equitable and inclusive environments for all – and that’s unconstitutional. Just like with our other two lawsuits, we will continue to fight these unwarranted and unconstitutional attacks on diversity and inclusion efforts and our right to learn.” The law does not just seek to prohibit diversity, equity, and inclusion in public entities and public schools, but it also seeks to strip away millions of dollars in critical state (and possibly federal) public funding if K-12 public school districts guess wrong as to how the New Hampshire Department of Education interprets the vague law’s provisions. According to one estimate, state aid to school districts could amount to more than $1 billion annually. John Shea, the superintendent of the Somersworth School District, said, “Looking at HB2’s attacks on diversity, equity, and inclusion, I’m worried that our legislature and our politicians may have lost sight of what these three words actually represent -- and just how important they are to our public education system. ‘Diversity’ simply is who we are here in Somersworth. It’s not a program, initiative or ideology. It cannot be legislated away. And equity -- or more particularly ‘equitable opportunity’ -- is fundamental to the very idea of universal public education. As is ‘inclusiveness,’ one of our community’s most cherished values. We strive for a welcoming environment for all, one that is strengthened by diverse perspectives. The State’s attacks on diversity, equity, and inclusion are an attack on all of this. Special education, ESOL programs (English for Speakers of Other Languages), and the free and reduced meals program included -- among many other examples. We have no choice but to fight the anti-DEI elements of HB2.” Zoe Brennan-Krohn, director of the VlogDisability Rights Program, said, “New Hampshire's anti-DEI law is an expansive assault on the rights and freedoms of students and educators across the state. Among those potentially swept up in this vague law are students with disabilities, many of whom rely on accessibility and integration programs to succeed at school. Federal disability rights laws require public schools to identify disabled students to increase their achievement; state law cannot prohibit what federal law mandates.” The law is already arbitrarily and selectively being enforced by the state Department of Education, which is aggressively applying it to private (including religious) colleges and universities that receive student scholarship funds through state grant aid programs (like UNIQUE Program state grants and the Governor’s Scholarship), but apparently not private K-12 schools (including religious schools) that receive public funds through Education Freedom Accounts. The law also applies to private colleges and universities (for example, Dartmouth College, Southern New Hampshire University, and Saint Anselm College) that receive any form of state funding, including those that receive state scholarship grants that help New Hampshire residents attend these colleges. For public and private colleges and universities in New Hampshire, the stakes for Granite Staters are severe: the amount at stake includes over $22 million in annual UNIQUE Program state grants and over $2 million in annual Governor’s scholarship program state grants, which are both distributed based on merit and need to New Hampshire residents who attend private or public New Hampshire colleges or universities. “The lack of clarity about the expectations for how to comply with HB2’s anti-diversity, equity, and inclusion provisions, coupled with the severe and potentially devastating consequences a perceived violation may bring, have educators in a dilemma. As a result of this law, I am aware of several educators who will err on the side of caution out of concern and fear of engaging in some activity that might be perceived as diversity, equity, and inclusion related. The concern and fear of violating HB2’s directive will stifle educators’ abilities to adequately serve all of their students, to create school environments that support students from diverse lived experiences, and to ethically engage in their vocation,” said Dottie Morris, a college administrator focusing on belonging and psychology professor, who is a plaintiff in this case. She is bringing suit only in her individual capacity. Also at stake are the millions of dollars the State provides for operating costs. All of this scholarship money and operational funding could be ripped away if public and private colleges and universities guess wrong as to how to comply with the law or with the education department’s interpretation of it. The lawsuit also raises concerns about how this law could impact school districts’ federally-mandated collection of demographic data, including racial and ethnic groups, in New Hampshire. James T. McKim, Jr., a plaintiff in the case and who works regularly with state and local government bodies to improve operations, including through diversity, equity, and inclusion practices, said, “I am joining this suit because I believe the diversity, equity, and inclusion provision in HB2 goes against our Live Free or Die nature. It is unconstitutional. And it is harmful not only to me personally and to those in the protected classes mentioned in the law, but also to White people in our state and beyond. The work of helping organizations live into diversity, equity, and inclusion helps everyone.” As the law was still making its way through the legislative process, disability rights advocates expressed clear concerns that essential services, programs, and trainings aimed at helping the lives of people with disabilities could be dismantled by the law. The legislature failed to address these concerns in the final bill language that was ultimately signed into law. Jennifer Eber, litigation director for the Disability Rights Center - New Hampshire, who is not part of this lawsuit but opposed the law, said, “Federal laws require school districts to provide specialized instruction and related services to qualifying students with disabilities. These federal laws protect the fundamental right of students with disabilities to access a free appropriate public education. Disability Rights Center -New Hampshire opposes HB2's effort to undermine these federal laws and fully supports the request that the Court find HB2 both unconstitutional and preempted.” The law also impacts LGBTQ+ students in New Hampshire and could be viewed as potentially requiring the removal of certain programming, for example, policies establishing non-discrimination protections for transgender students or making menstrual hygiene products available in gender neutral bathrooms. Heidi Carrington Heath, executive director of New Hampshire Outright, a plaintiff in the case, said, “N.H. Outright has been leading the way in caring for LGBTQ+ youth and their families for over 30 years. That includes a well-respected, evidence-based training program that many schools and communities across the Granite State have benefitted from. We know that creating healthier and stronger environments for LGBTQ+ youth does so for everyone. HB2 is an attempt to silence the voices of vulnerable Granite Staters and puts them at risk in a time when they need stronger supports than ever. We believe that it is critical to challenge this unjust law that is already causing harm to our organization, and communities.” Hannah Hussey, staff attorney at GLAD Law, said, “This law is yet another unconstitutional attempt by elected officials seeking to control and censor valued and trusted educational programs in New Hampshire simply because they don’t like them. Imposing vague bans on programs related to race, gender, sexual orientation, gender identity, and disability in our public schools and public and private colleges and universities will chill vital programs like special education services in our public schools, initiatives to increase the representation of girls in STEM, and other opportunities and resources to ensure equal opportunity for LGBTQ students, students of color, and students with disabilities. Such programs not only provide vital support for marginalized students, they contribute to an enriching environment for all students to get a well-rounded education, develop critical thinking skills, and learn to appreciate human differences.” The court documents also outline how the law could forbid education programs designed to increase the representation of girls and women in STEM classes, the use of tuition waivers or campus recruitment efforts for older learners 50 and up, or opportunities for religious students through spiritual activities. This lawsuit follows several others filed in New Hampshire challenging anti-equity practices in education, including a 2021 lawsuit against a classroom censorship law that was struck down in federal court in May 2024, and one lawsuit filed on March 5, 2025 in New Hampshire by the Vlogof New Hampshire, national ACLU, NEA, and NEA-NH against the U.S. Department of Education. These practices were halted by the court in April 2024. Dr. Christine Boston, superintendent of Dover Public Schools, said, “The Dover School District provides relevant and engaging learning experiences and curricula to each student, which could violate HB2’s anti-DEI provisions where such individualized instruction is for the purpose of ‘achieving demographic outcomes’ and classifies students based on the groups listed in RSA 354-A:1. The District celebrates the diversity of our student body, pursues equity to provide an individualized education, and creates inclusive learning environments. This commitment is required by the City of Dover school board and the State of New Hampshire. According to the Educational Equity Policy ACB of the Dover School District: ‘The ultimate goal of the Dover School District’s educational system is to assure that each and every student, regardless of background, has access to relevant and engaging learning experiences and curricula that they will need in order to thrive today and into the future. This foundation will allow our students to become dynamic global citizens as they adapt to a rapidly changing world.’ HB2’s vague ban on, for example, 'critical race theory’ and ‘any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1’—namely, age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin—’for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law’ makes me question whether the N.H. Department of Education and others could view the District’s efforts to create relevant and engaging learning environments with well-rounded teachers and staff as violating HB2, thus jeopardizing much needed state and federal funding.” Dr. Robert Shaps, the superintendent of the Oyster River Cooperative School District (ORCSD), said, “HB 2, as written, directly contradicts our legal responsibility to meet our obligations under a wide range of preexisting laws that require school districts to improve learning outcomes for demographic groups. It contains broad and ambiguous declarations coupled with unclearly defined prohibited practices and no guidance. These determinations are subjective and unreviewable, and conflict with our legal and ethical responsibilities to our students. The ability to provide and apply resources and services that ensure all students succeed academically is crucial to their success. In effect, the New Hampshire State Government is using financial force to impose an unclear directive regarding educational learning opportunities, despite its constitutional responsibility to provide adequate school funding without conditions. This unprecedented ability gives them the ability to immediately halt all sources of public funding without warning if a school or district, knowingly or unknowingly, fails to abide by any section of the anti-DEI provisions. We cannot stand by as the state attempts to bypass its own legal responsibilities while failing to provide due process to respond to violations and offering no chance of appeal. We hope this legal action will defend our right to deliver a high-quality public school education and support a democratic, informed, and engaged community as we work together to protect our children’s future.” Christine Downing, the superintendent of the Grantham School District, said, “The Grantham School District is taking a proactive stance to protect its students and educational programs by challenging the diversity, equity, and inclusion prohibition language of HB2. The District is committed to providing a high-quality education that prepares students for a diverse, global society, grounded in principles of inclusion and equity. Due to a severe lack of clarity regarding what constitutes ‘DEI-related programs, initiatives, policies, and training,’ the District believes it's essential to seek legal action. Without clear guidance from the Department of Education, the District cannot risk the possibility of arbitrary and unilateral actions by the Commissioner that could halt all sources of public funding. Joining this legal action is a necessary step to ensure the District can continue to provide the education our community expects and our students deserve.” The complaint is available here: /cases/national-education-association-new-hampshire-v-formella?document=ComplaintCourt Case: National Education Association - New Hampshire v. FormellaAffiliate: New Hampshire -
New HampshireAug 2025
Racial Justice
+2 Vlog
National Education Association - New Hampshire v. Formella
Status: Ongoing -
Press ReleaseJul 2025
Racial Justice
VlogComment on Trump Administration’s AI Action Plan
WASHINGTON — Today, the Trump administration released a sweeping AI Action Plan, which thwarts the decision of Congress to not preempt state laws and is a dangerous step backward for protecting civil rights and civil liberties against artificial intelligence (AI) use. The plan, titled “Winning the Race: America’s AI Action Plan,” pushes a political agenda at the expense of everyone’s right to robust protection from biased and erroneous AI tools, and disproportionately harms the communities most at risk of algorithmic discrimination. In response, Cody Venzke, senior policy counsel with the Vlog, issued the following statement: “President Trump’s attempt to restrict state AI regulations is not only harmful, it raises serious legal questions as the president is acting beyond any statute passed by Congress. Congress overwhelmingly rejected this approach, removing it from a major bill in a 99-1 Senate vote, and 17 Republican governors publicly opposed it. “Now the administration is moving forward unilaterally. The plan undermines state authority by directing the Federal Communications Commission to review and potentially override state AI laws, while cutting off ‘AI-related’ federal funding to states that adopt robust protections. This preemption effort stifles local initiatives to uphold civil rights and shield communities from biased AI systems in areas like employment, education, health care, and policing. “The plan also directs revisions to the federal AI Risk Management Framework to eliminate any mention of diversity, equity, and inclusion, misinformation, or climate. These changes could preclude AI developers from considering discriminatory and unfair harms, potentially dismantling some of the only existing safeguards meant to prevent AI from reproducing or exacerbating existing societal bias. Additional provisions mandating that federal contractors only provide systems that are ‘free from top-down ideological bias’ may have downstream impacts on free speech, potentially censoring how AI can talk about race, gender, climate, or inequality. “We urge the administration to immediately rescind these harmful and unlawful actions and ensure that states and the federal government have robust AI safeguards in place.” -
AlaskaJul 2025
Voting Rights
Racial Justice
Smith v. State of Alaska (Amicus)
The Vlogand Vlogof Alaska have filed an amicus in support of Tupe Smith, a woman born in American Samoa who now lives in Whittier, Alaska charged with falsely affirming that she was a U.S. citizen when she registered to vote. But Tupe Smith is not an “alien” under the law. People, like her, born in the U.S. territory of American Samoa are the only remaining individuals recognized as “non-citizen U.S. nationals,” a unique status that falls short of “citizen” but nonetheless recognizes that American Samoa has been part of the United States for over 125 years. All evidence indicates that Ms. Smith believed that, as a non-citizen U.S. national, she was eligible to vote in local elections when she registered to vote. In fact, local election officials encouraged her to check the box labeled "U.S. citizen" when she registered, given the fact that there was no option for "U.S. national." Our amicus brief urges Alaska’s Court of Appeals to dismiss Tupe Smith’s indictment because of well-settled principles that election-crime statutes should be construed to avoid punishing innocent mistakes. Separately, we warn that upholding a different view of the law would make Alaska an outlier among the states.Status: Ongoing