ALBUQUERQUE, NM — The New Mexico Supreme Court ruled Thursday that public schools and universities can be sued for discriminatory practices under the New Mexico Human Rights Act, clearing the way for anti-discrimination lawsuits to move forward against the state’s largest school district.
The ruling stems from a 2018 case in which an Albuquerque high school teacher was accused of cutting the hair of a Native American girl and asking another girl if she dressed as a “bloody Indian” during Halloween class. The 16-year-old Navajo student was wearing a costume and had fake blood on his cheeks.
Outrage over the girls’ treatment has led to legislation in New Mexico and other states banning discrimination on the basis of hairstyles and religious headwear.
“NMHRA’s protections against various forms of discrimination must be read against the backdrop of this state’s unfortunate history of race-based discrimination, including the history that occurs within our public schools,” the court wrote. “The intent to prohibit discrimination in public schools was clear from the founding of the nation.”
The ruling affirmed a 2023 decision by the Court of Appeals that found public schools were places of “public accommodation” under the state’s anti-discrimination laws. The court wrote that public schools do not restrict services in a way that makes access to them private, noting that the state constitution requires New Mexico’s public schools to be open to all children.
The justices also overturned a 1981 opinion that found public universities were not public facilities in the “manner and manner” of administering their academic programs. The appeal raised questions about the university.
The legal dispute began when the American Civil Liberties Union of New Mexico sued Albuquerque public schools and teachers, accusing them of discrimination and creating a hostile learning environment.
English teacher Mary Jane Eastin, described in the lawsuit as a “voodoo witch,” dressed up for Halloween and asked students questions, rewarding those who answered correctly with marshmallows and those who did not. We started a game of giving dog food. .
At one point, Eastin asked the Native American student if she liked her braids, then cut off about 3 inches of the hair with scissors and scattered the hair on her desk, the suit alleges.
Eastin is also accused of asking another student, plaintiff McKenzie Johnson, if she wore “bloody Indian” clothing. Johnson’s mother later told reporters that her daughter had dressed up for Halloween dressed as Little Red Riding Hood with red paw prints on her face. Johnson said he no longer felt welcome at the school.
She said in a statement released Thursday that she felt “validated” by the ruling.
“No student should have to endure discrimination or incivility in the classroom,” Johnson said. “I hope this serves as a wake-up call for educators to prioritize cultural sensitivity and create inclusive environments where all students feel valued and respected.” “I hope so,” he said.
The district’s superintendent publicly apologized and told parents that Eastin would not return to Cibola High School.
The district is reviewing the recent court ruling and had planned to issue a statement Thursday. Eastin’s attorney did not immediately respond to an email seeking comment on the ruling.
