Texas Attorney General Ken Paxton announced on Monday the publication of a new legal opinion, declaring Diversity, Equity, and Inclusion (DEI) frameworks and programs included in more than 100 state laws unconstitutional.
While focusing primarily on DEI programs in schools and state and local governments, in a statement announcing the release of the new 74-page opinion, Paxton, who is currently running for the U.S. Senate, also warned that “every private company engaging in woke DEI practices is exposing themselves to significant legal liability under state and federal law.”
Paxton said:
“It’s imperative that all private-sector employers, schools, and state and local government entities—based on this legal opinion—immediately abolish any DEI, affirmative action, or unconstitutional discrimination programs under their authority.”
The new opinion forms the latest in a growing series of actions by Republican politicians in the U.S. over the past several months targeting laws and corporate programs incorporating DEI policies, including an Executive Order issued by President Trump after taking office eliminating DEI preferencing in federal contracting, and required contractors to affirm that they “will not engage in illegal discrimination, including illegal DEI.” Earlier this week, U.S. Secretary of War Pete Hegseth announced plans to review more than 4,300 companies participating in a federal contracting program aimed at assisting socially and economically disadvantaged small business owners, pledging to “sledgehammer” what he called “the oldest DEI program in the federal government.”
The moves have added pressure on companies, with many already pulling back on their DEI programs following a Supreme Court ruling in 2023 that struck down Harvard’s use of race-based affirmative action criteria in college admissions, which led to increased scrutiny over the legality of key aspects of corporate DEI policies.
Paxton cited historically underutilized business (HUB) programs – which are aimed at supporting businesses owned by individuals from historically disadvantaged groups such as women and racial minorities in state procurement – as an example of those targeted by the new opinion, stating that these programs “establish a pervasive regime of racial, ethnic, and sex-based classifications” that are unconstitutional under federal and state laws.
In his statement, Paxton said that following the issuance of the new opinion the Attorney General’s office will “investigate and hold accountable any school district, local governmental entity, state agency, or program that attempts to use DEI or affirmative action as a guise for unlawful discrimination, ideological coercion, or the erosion of merit-based decision-making.”
Paxton added:
“The Constitution does not permit discrimination by another name, and Texas will not tolerate the circumvention of the law through ‘DEI.’”
