KY Military mom suing Pentagon to defend her kids’ ‘right to learn’

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Estimated time to read:

6–8 minutes

Sarah Ladd, Kentucky Lantern

Jessica Henninger wants to pro­tect her chil­dren from the polit­i­cal cli­mate that briefly closed their school library at Fort Campbell and led to books being removed from the shelves.

“There’s a very fine line between hav­ing your chil­dren be aware of what’s going on in the world around them, and not bur­den­ing them with adult things,” Henninger said. “But … when (Black History Month) projects are can­celed after you’ve com­plet­ed them … they notice that stuff.”

Citing her husband’s mil­i­tary ser­vice and their joint devo­tion to the U.S. Constitution, Henninger has joined a fed­er­al law­suit on behalf of her chil­dren, cit­ing First Amendment con­cerns and ask­ing the courts to block President Donald Trump’s anti-DEI exec­u­tive orders in schools oper­at­ed by the Department of Defense Education Activity (DODEA). Defense Secretary Pete Hegseth is a defendant.

Henninger has five chil­dren: two have grad­u­at­ed from DODEA schools and three are still stu­dents, named in the law­suit that the American Civil Liberties Union filed Tuesday. That suit chal­lenges U.S. Department of Defense poli­cies that led to schools at Fort Campbell and oth­er mil­i­tary bases remov­ing books about slav­ery and civ­il rights.

Henninger, whose hus­band is in the mil­i­tary and is sta­tioned at Fort Campbell, has lived in Kentucky since October.

Before that, in all their trav­els, “I can’t recall a time in our years at DODEA where my children’s cur­ricu­lum was affect­ed by any­thing that was going on in the pres­i­den­cy,” Henninger told a small group of reporters over Zoom on Wednesday.

“We owe our chil­dren to be hon­est,” she said. “I’m very fear­ful that these actions (are) try­ing to take away my children’s oppor­tu­ni­ties to learn about inte­gral parts of our his­to­ry, our American his­to­ry … and dif­fer­ent cul­tures. That’s what makes edu­ca­tion — and life — rich. It’s all of those dif­fer­ences. My younger chil­dren … they deserve the right to learn about that stuff.”

The lawsuit: ‘Books shouldn’t be banned’

Via exec­u­tive order Trump direct­ed schools receiv­ing fed­er­al fund­ing to not teach “ide­ol­o­gy that treats indi­vid­u­als as mem­bers of pre­ferred or dis­fa­vored groups, rather than as indi­vid­u­als;” he also told the Armed Forces to dis­solve DEI offices and direct­ed all fed­er­al agen­cies to rec­og­nize only cis­gen­der male and female iden­ti­ties.

In February, Clarksville Now, a news out­let in Clarksville, Tennessee, report­ed Fort Campbell librar­i­ans were busy “scrub­bing for books that con­tain ref­er­ences to slav­ery, the civ­il rights move­ment and any­thing else relat­ed to diver­si­ty, equi­ty and inclu­sion” in com­pli­ance with Trump’s orders.

Fort Campbell is an Army base that spans the Kentucky-Tennessee bor­der between Hopkinsville and Clarksville.

Fort Campbell schools also had to remove “bul­letin boards that ref­er­ence Black History Month and Black lead­ers such as Martin Luther King Jr., Harriet Tubman and Rosa Parks,” accord­ing to Clarksville Now.

Corey Shapiro, legal direc­tor for the ACLU of Kentucky, said Wednesday he hopes for a pre­lim­i­nary injunc­tion to “get some relief soon­er rather than lat­er from the court.”

“We’re still eval­u­at­ing exact­ly the tim­ing on next steps and build­ing that out,” he said.

He also wants to see more trans­paren­cy around which books are removed from shelves, and where those books go.

But, he assert­ed: “none of these books should be tak­en out.”

“To some extent, it doesn’t real­ly mat­ter whether we have a list or sort of engage in a debate on which indi­vid­ual book is the appro­pri­ate thing,” Shapiro said. “The issue here is that books shouldn’t be banned from school libraries. Kids should have an oppor­tu­ni­ty to have access to all the books in the school library with­out fear that some­body in the Department of Defense is going to deter­mine that it shouldn’t be there based on an exec­u­tive order regard­ing a ban on cer­tain types of viewpoints.”

‘I could not abide’

Soon after the exec­u­tive orders, Henninger “start­ed get­ting emails from the kids’ teach­ers, basi­cal­ly that just made me think that there was some­thing going on.”

She got “noti­fi­ca­tions that assign­ments were being can­celed, then that the library just unex­pect­ed­ly closed down.”

She imme­di­ate­ly start­ed inves­ti­gat­ing, con­tact­ed the ACLU to help and ulti­mate­ly joined the mul­ti-state fed­er­al law­suit in an attempt to block the Trump admin­is­tra­tion from car­ry­ing out the anti-DEI orders.

“I have a very strong belief that chil­dren should have access to books,” said Henninger, who is her­self a “vora­cious reader.”

“When I was a child, I read. That’s how I learned about the world around me. It’s how I learned about oth­er peo­ple and life expe­ri­ences out­side of my own,” she said. “And I feel like that is an impor­tant part of being able to under­stand oth­er peo­ple. And to have those options tak­en away from my chil­dren was some­thing that I have nev­er expe­ri­enced before.”

All her chil­dren, too, love books, she said.

“We’ve nev­er had an admin­is­tra­tion come in and inter­fere in this way with our children’s edu­ca­tion,” she said. “My hus­band fights for our con­sti­tu­tion­al rights and our free­doms in this coun­try, and to see those rights being tak­en away from my chil­dren was just absolute­ly some­thing that I could not abide.”

After the law­suit was filed, Michael O’Day, a spokesper­son for the Department of Defense Education Activity, said he couldn’t com­ment on an active law­suit but offered praise for the agency’s “ded­i­ca­tion to pro­vid­ing an excep­tion­al edu­ca­tion­al expe­ri­ence for every stu­dent.” More than 67,000 stu­dents world­wide are enrolled in schools run by the DODEA.

“Our cur­ricu­lum, rig­or­ous­ly aligned with DoDEA’s proven stan­dards, has earned us the dis­tinc­tion of being the top-ranked school sys­tem in the United States for four con­sec­u­tive years, based on the National Assessment of Educational Progress (NAEP), the Nation’s Report Card,” O’Day said in a state­ment. “These stan­dards pro­mote aca­d­e­m­ic excel­lence, crit­i­cal think­ing, and a learn­ing envi­ron­ment that empow­ers all mil­i­tary-con­nect­ed stu­dents to excel.”

Henninger attrib­ut­es the suc­cess in part to the diver­si­ty of the stu­dent body.

“I think part of this strength is our diver­si­ty — the diver­si­ty of peo­ple that come togeth­er and we learn from each oth­er, and that’s part of our strength,” she said. “And so to see that poten­tial­ly being tak­en away from my younger chil­dren? That’s harmful.”

She believes the exec­u­tive orders are polit­i­cal­ly moti­vat­ed and cit­ed the Trump administration’s depor­ta­tions of immi­grants, say­ing his pres­i­den­tial cam­paign was “propped on” immi­gra­tion issues.

“And then when you see them com­ing into the libraries and remov­ing those items … com­mon sense would dic­tate that two plus two equals four. That’s def­i­nite­ly polit­i­cal­ly moti­vat­ed,” she said.

‘We can’t whitewash’ history

For mil­i­tary fam­i­lies like Henninger’s, DODEA schools are often the only option, though that can vary based on where a sol­dier is sta­tioned. Private edu­ca­tion is expen­sive. Henninger’s best path was to fight back with­in the DODEA sys­tem,  she said.

Other plain­tiffs rep­re­sent­ed by the ACLU are enrolled in Defense Department schools in Virginia, Italy and Japan.

“We don’t have a lot of the same recours­es that that fam­i­lies have in the pub­lic edu­ca­tion sys­tem. We can’t just go to our school board and and say, ‘This is unac­cept­able.’ We very much have to wor­ry about retal­i­a­tion and ret­ri­bu­tion. And so there’s a lot of stress and anx­i­ety around that for a lot of peo­ple, which is under­stand­able,” Henninger said.

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She and her hus­band talked about the risks of join­ing such a law­suit and ulti­mate­ly decid­ed she had to.

“Basically what it boiled down to (for my hus­band) was: ‘I joined the mil­i­tary to defend the Constitution, and if I can’t defend our children’s con­sti­tu­tion­al rights, then what am I doing as a soldier?’”

Her chil­dren “have their First Amendment rights just like every­body else. It’s not fair to them just because their father is a sol­dier that they shouldn’t be able to have the same rights as every­body else.”

She wants her chil­dren to learn about the full his­to­ry of their coun­try, includ­ing the “not so pret­ty parts: the Trail of Tears and slav­ery and the fight for civ­il rights.”

“It is our true his­to­ry,” she said. “And we can’t white­wash that away.”

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