Texas Attorney General Ken Paxton issued a sweeping legal opinion on Monday declaring diversity, equity, and inclusion programs and their supporting legal frameworks unconstitutional in the public and private sectors across the Lone Star State.
The 74-page legal opinion essentially prohibits schools and state governments from engaging in DEI practices. It also warns that private companies could face liability under federal and state law if Texas finds they kept their DEI programs or policies in place.
Paxton’s office said Texas now deems over 100 state laws, part of “decades’ worth of DEI frameworks,” in violation of the U.S. Constitution and Texas Constitution.
“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,” Paxton said in a statement. “We must return to the basic principles of equal opportunity for all.”
In his opinion, he cited the 2023 Supreme Court ruling that determined race-based affirmative action policies in university admissions were unlawful. Paxton’s office said its opinion goes beyond a “narrow holding limited to university admissions,” tackling discriminatory practices in state government and the private sector.
The Republican attorney general also framed the opinion as a fulfillment of Martin Luther King Jr.’s vision. The document was released on the federal holiday honoring the late Civil Rights leader.
“This action to dismantle DEI in Texas helps fulfill 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 color of their skin, but by the content of their character,” he added.
Notably, Paxton leveraged his legal opinion as a campaign attack against Sen. John Cornyn (R-TX). Paxton is seeking to unseat Cornyn in the Senate GOP primary.
The attorney general said Cornyn’s legal opinion, which allegedly “refused to address DEI’s faults and illegalities,” has been overturned by his own. Cornyn, who was Texas attorney general for four years, issued that document in September 1999.
“In 1999, Cornyn muddied the waters by overturning a legally sound opinion that affirmed constitutional principles,” Paxton’s office claimed. “His actions left critical constitutional questions unresolved, which then allowed decades of DEI and discriminatory practices to proliferate across state government unchecked. Attorney General Paxton’s opinion restores clarity, order, and constitutional integrity.”
In his legal opinion at the time, Cornyn left the consideration of race in higher education up to the U.S. Court of Appeals for the 5th Circuit and the Supreme Court.
“We advise state universities in Texas to await a resolution of Hopwood in the Fifth Circuit or the United States Supreme Court before restructuring or adopting new procedures for their financial aid programs,” he wrote.
Cornyn responded to Paxton’s announcement, disputing the attorney general’s characterization that he issued a legal opinion and accusing his primary opponent of “abusing his government office for personal and political gain.” The senator also questioned whether “this bogus ‘opinion’ [was] an illegal, in-kind contribution to his campaign,” noting that the Federal Election Commission could get involved to answer that question.
In response to a request for comment from the Washington Examiner, a Cornyn campaign spokesman said Paxton’s opinion may be illegal because it was issued without a request from a public official. The spokesman also slammed Paxton’s move as “ridiculous” because he had to show deference to the Supreme Court’s ruling on affirmative action.
Paxton fired back, claiming the senator attacked him in an amicus letter filed in the Texas Supreme Court when Democratic lawmakers broke quorum and fled the state in protest of the Republican Party’s redistricting bill. At the time, Cornyn alleged Paxton delayed in taking action to remove the lawmakers.
“You were a woke AG that let DEI flourish, and now your opinion has rightly been overruled,” Paxton wrote on X.
CORNYN OUT-FUNDRAISES HIMSELF AS HE BATTLES IN TOUGH TEXAS PRIMARY
Paxton is leading the contested primary field in his bid against Cornyn. A recent Emerson College poll showed Paxton leading Cornyn by 1 point and Rep. Wesley Hunt (R-TX) 11 points behind the front-runner. The race is so tight that a runoff election seems likely, the pollster said.
The Texas primary election is set for March 3, followed by a possible runoff on May 26. The GOP primary victor will then face the Democratic nominee in November.