Ken Paxton issues Opinion Declaring DEI Unconstitutional on MLK Day

Texas Attorney General Ken Paxton issued a legal opinion declaring Diversity, Equity, and Inclusion (DEI) policies unconstitutional across the Texas government, marking one of the most expansive legal actions against DEI frameworks at the state level to date.

The opinion concludes that decades of DEI-related policies violate both the U.S. Constitution's Equal Protection Clause and the Texas Constitution's Equal Rights Amendment.

According to the Attorney General's office, the ruling applies broadly to public schools, state agencies, and local governments, and warns that private companies engaging in race or sex-based DEI practices may face significant legal liability under state and federal law.

"This action to dismantle DEI in Texas helps fulfill the vision articulated by Martin Luther King, Jr.," said Paxton. "People should be judged based on merit and the quality of their character and qualifications, not their race, sex, or any other inherent characteristic conferred at birth."

The opinion directly overturns a 1999 legal opinion issued under then-Attorney General John Cornyn (R), which Paxton argues left constitutional questions unresolved and allowed DEI and affirmative action programs to expand unchecked across state government.

Paxton's guidance asserts that programs such as Historically Underutilized Business (HUB) initiatives and Disadvantaged Business Enterprise (DBE) programs rely on impermissible racial and sex-based classifications that cannot survive constitutional scrutiny.

Citing the U.S. Supreme Court's 2023 ruling striking down race-based affirmative action in higher education, the opinion emphasizes the Court's conclusion that "eliminating racial discrimination means eliminating all of it."

Paxton argues that the decision applies beyond college admissions and represents a broader repudiation of race-based government decision-making.

The Attorney General's office has stated that it will continue investigating and holding accountable any entity that uses DEI or affirmative action to justify unlawful discrimination, reaffirming that Texas law does not permit discrimination under the banner of  "equity."