TUCSON, Ariz. — A federal court has upheld the constitutionality of
Arizona’s law that prohibits public schools from offering courses that teach
A ruling issued Friday in Tucson’s U.S. District Court found Arizona’s law to
be constitutional with one minor exception, and denied a second motion for a
preliminary injunction in the case.
The Tucson-based Save Ethnics Studies group said Monday that the case “is not
over” and they are deciding whether to file an appeal with the 9th U.S. Circuit
Court of Appeals in San Francisco.
The Tucson Unified School District voted in April 2012 to dismantle its
Mexican-American Studies program after some state funding was to be cut off in
response to conclusions by Arizona’s public schools chief and a judge that the
program violated the law.
State officials ruled that the courses’ content violated a law against
curriculum that engendered racial or ethnic disharmony.
An independent administrative law judge found the program presented material in
a “biased, political and emotionally charged manner” and teaching in such a
manner “promotes racial resentment.”
Several students and teachers in Tucson’s largest school district challenged
the statute on several grounds, including violation of free speech.
Arizona’s law prohibits courses if they promote resentment toward a race or a
class of people, are designed primarily for peoples of a particular ethnic
group, or advocate ethnic solidarity instead of the treatment of peoples as
The court found only “designed primarily for peoples of a particular ethnic
group” to be unconstitutionally vague and upheld the other standards under
which Tucson’s Mexican-American Studies program was eliminated.
The case was argued by Arizona Attorney General Tom Horne.
“This is a victory for ensuring that public education is not held captive to
radical, political elements and that students treat each other as individuals _
not on the basis of the race they were born into,” Horne said in a statement
Horne found that TUSD was in violation of the statute in late December 2010
when he was Arizona’s superintendent of public schools.
His successor, John Huppenthal, issued a second finding in June 2011 that TUSD
was in “clear violation” because the ethnic studies program was primarily
designed for Latino students.