Group Promoted by Caswell's BEA Sues State Over New DEI Law

BEA Commissioner Taylor Caswell

CONCORD — A nonprofit recently promoted by New Hampshire’s official tourism website is now suing the state over its new diversity, equity, and inclusion (DEI) law, adding another layer of controversy to Business and Economic Affairs Commissioner Taylor Caswell’s stalled reappointment.

NH Outright, an LGBTQ advocacy group, is among several plaintiffs challenging provisions of HB2, which restrict certain DEI-related programs in public schools and state agencies. The lawsuit, filed in federal court by the ACLU of New Hampshire, NEA-NH, GLAD, and others, claims the law violates constitutional protections and will chill speech.

Caswell’s department operates VisitNH.gov, which earlier this summer featured a blog post highlighting Pride events statewide — including Portsmouth Pride, organized by NH Outright. The listing promoted a “Youth Area” and family programming, part of NH Outright’s outreach that includes a program for children as young as five.

While the Executive Council’s three Republican members opposing Caswell’s renomination — Joe Kenney, Dave Wheeler, and John Stephen — have not publicly cited the tourism posting as their reason, the promotion of a group now actively suing the state has raised eyebrows among Conservatives. Critics argue that using state resources to amplify an advocacy group’s events blurs the line between tourism promotion and political activism.

Governor Kelly Ayotte withdrew Caswell’s reappointment from the July 30 Executive Council agenda after it became clear he lacked the votes. She has defended him as an “excellent” commissioner, but Kenney called for “new leadership,” Wheeler pointed to “overpriced” contracts, and Stephen urged a stronger focus on statewide economic development.

The lawsuit against HB 2 centers on provisions that bar public institutions from funding or promoting DEI programs tied to race, gender, sexual orientation, gender identity, or disability. Supporters of the law say it protects taxpayers from funding divisive political agendas; opponents argue it will strip schools and agencies of the ability to provide inclusive training and programming. NH Outright has long conducted trainings in New Hampshire schools, which could be curtailed under the law.

NH Outright’s political footprint has also grown. The group recently celebrated the election of Billie Butler, a Portsmouth Pride coordinator, to the state House in a special election for Somersworth and Rollinsford. Butler’s hometown school district, Somersworth, is also a plaintiff in the DEI lawsuit.

Caswell’s department has not commented publicly on the tourism listing or the group’s role in the lawsuit. The BEA’s tourism arm routinely promotes community events as part of its marketing strategy, but the inclusion of a politically active organization now in direct legal conflict with the state puts Caswell in an awkward position as he seeks another term.