Texas Attorney General Ken Paxton has issued a legal opinion declaring Diversity, Equity and Inclusion (DEI) policies and programmes across Texas government to be unconstitutional.
The opinion concludes that a wide range of DEI frameworks embedded in state statutes and policies—covering schools as well as state and local government bodies—violate constitutional protections. It also states that private companies engaging in DEI practices could face legal exposure under state and federal law.
Paxton said the opinion aligns with constitutional principles of equal treatment under the law. “This action to dismantle DEI in Texas helps fulfil the vision articulated by Martin Luther King, Jr. when he dreamed that his children would one day live in a nation where they were judged not by the colour of their skin, but by the content of their character,” he said. Paxton added that, in his view, people should be assessed on merit and qualifications rather than race, sex or other inherent characteristics.
According to the opinion, Texas law does not permit discrimination carried out in the name of “equity” and requires a return to what it describes as a merit-based legal framework. Paxton said public institutions and private employers should review and abolish DEI and affirmative action programmes that rely on race- or sex-based classifications.
The legal opinion also overturns a 1999 opinion issued under former attorney general John Cornyn, which Paxton argues failed to address constitutional concerns related to DEI. Paxton’s office said the earlier interpretation left unresolved questions that allowed such policies to expand across state government.
The opinion further examines historically underutilised business (HUB) programmes, concluding that preferential treatment based on race, ethnicity or sex violates the Equal Protection Clause of the US Constitution and the Texas Constitution’s Equal Rights Amendment. It states that programmes supporting veterans and veteran-owned businesses are unaffected, as eligibility is based on service rather than immutable characteristics.
In addition, the analysis covers Disadvantaged Business Enterprise (DBE) programmes and statutory requirements to consider race or sex in appointments to state boards, commissions and committees, concluding that such measures cannot withstand constitutional scrutiny.
Paxton’s opinion also references the US Supreme Court’s 2023 ruling on race-based affirmative action in university admissions, which found that such policies failed to meet constitutional standards. The opinion interprets that decision as rejecting race-based preferences more broadly, beyond higher education.
The Office of the Attorney General said it will continue to investigate and take action against school districts, government entities and agencies that, in its view, use DEI or affirmative action as a means of unlawful discrimination.
