A federal judge in Virginia will hear arguments next month in a case that could determine whether the Trump administration’s sweeping censorship of LGBTQ+ and racial justice content in military-run schools under Defense Secretary Pete Hegseth will be allowed to continue.
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The U.S. District Court for the Eastern District of Virginia has set a June 3 hearing in E.K. v. Department of Defense Education Activity, a lawsuit brought in April by the American Civil Liberties Union on behalf of 12 students enrolled in Department of Defense Education Activity schools across Virginia, Kentucky, Japan, and Italy.
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At issue is the administration’s enforcement of three executive orders—14168, 14185, and 14190—signed by President Donald Trump in January. The orders direct federal agencies to eliminate so-called “gender ideology,” “divisive concepts,” and “discriminatory equity ideology” from government-funded programming. Within weeks, DoDEA implemented new restrictions that removed hundreds of books from school libraries, revised curricula, canceled cultural celebrations, and limited classroom discussions about race, gender, and LGBTQ+ identities.
DoDEA schools are among the most diverse and thriving in the American school system.
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The ACLU is seeking a preliminary injunction to halt the removals and restore access to materials it says are protected under the First Amendment. The Wednesday motion argues that the government has engaged in unconstitutional viewpoint discrimination by targeting specific content based on political ideology.
According to court documents, since January, DoDEA schools have removed titles such as To Kill a Mockingbird, Julian is a Mermaid, The Kite Runner, and Well-Read Black Girl. Instruction on topics like gender and sexuality was cut from AP Psychology courses, and health education was stripped of material related to puberty, consent, and reproductive health. Cultural observances like Black History Month and Pride Month were canceled across the system.
DoDEA operates 161 schools serving more than 66,000 students, primarily children of active-duty service members. According to the lawsuit, the censorship has been implemented unevenly across campuses but with consistent harm: students are being denied access to key parts of their education, including content that reflects their own identities or histories.
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The plaintiffs include elementary through high school students who report confusion, fear, and frustration as lessons disappear and library shelves are emptied without explanation. The lawsuit also documents a lack of transparency, with parents receiving vague or no answers when asking what materials have been removed or why.
The hearing before Judge Patricia Tolliver Giles was originally scheduled for May 29 but was rescheduled to June 3 at 10 a.m. in Alexandria. If granted, the injunction would block further enforcement of the executive orders in DoDEA schools and require the reinstatement of previously banned books and curricula.
The hearing could have far-reaching implications for education in federally operated schools and for the rights of students in military families to learn in inclusive, fact-based environments.