Right-wing group takes opposition to Croton-Harmon DEI policies to federal appeals court

Parents Defending Education, a conservative advocacy group opposed to the teaching of gender identity and systemic racism in schools, is taking its opposition to Croton-Harmon's diversity, equity and inclusion policies to a federal appeals court.

The group quickly lost its bid at the trial-court level to challenge Croton-Harmon school district policies prohibiting hateful speech and harassment, despite the group's contention that these policies violated students' free-speech rights.

But Parents Defending Education acknowledged to Judge Cathy Seibel, the trial judge, that she had no choice but to dismiss their case. The group had suggested it was bringing the lawsuit, in part, as a vehicle to challenge binding legal precedents that foreclosed their lawsuit.

One major precedent prevents organizations from bringing lawsuits on behalf of individual members anonymously. In its lawsuit, Parents Defending Education identified several Croton-Harmon parents who are opposed to the school district's DEI policies, but only identified them as parents A, B and C.

The group argues that "anonymity is entirely sincere when the injury is chilled speech."

"Revealing the students’ identities here would essentially make them speak by publicly connecting them to their controversial views, risking the very punishment they’re trying to avoid under these policies," it said in a legal filing.

The second precedent they are seeking to challenge prevents organizations from bringing civil rights claims, specifically, on behalf of their members.

The case will be heard by the U.S. Court of Appeals for the Second Circuit, which decided these two precedents. The circuit court, with its generally liberal bent, is unlikely to reverse its rulings on these precedents. If it does not, Parents Defending Education suggested it might seek intervention from the U.S. Supreme Court, whose ultimate rulings on these issues would apply nationwide.

Are you a parent or teacher in the Croton-Harmon schools? You can reach this reporter with any tips at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.

This article originally appeared on Rockland/Westchester Journal News: Croton-Harmon NY school DEI policy opposition brought to federal court