Ken Paxton Declares DEI Unconstitutional in Texas

In a decisive move that is already sending shockwaves through the public and private sectors, Texas Attorney General Ken Paxton declared over 100 DEI-related laws and policies unconstitutional, stating they violate both Texas law and the U.S. Constitution. Paxton’s legal opinion effectively dismantles the divisive Diversity, Equity, and Inclusion (DEI) framework that has infiltrated state agencies, universities, and private companies under the guise of “social justice.”

“This action to dismantle DEI in Texas helps fulfill the vision articulated by Martin Luther King, Jr.,” Paxton said, referencing the civil rights icon’s dream of a colorblind society where merit, not skin color or sex, determines success.

According to the legal opinion:

• DEI programs in schools, businesses, and state entities are unconstitutional under the Equal Rights Amendment in Texas and the 14th Amendment’s Equal Protection Clause.

• Programs like the Historically Underutilized Business (HUB) and Disadvantaged Business Enterprise (DBE) that award contracts based on race or sex must be abolished.

• Private employers who enforce DEI policies may face legal liability for discrimination, especially if they use hiring quotas or bias training that violates constitutional protections.

Paxton’s legal stance comes just months after the U.S. Supreme Court struck down affirmative action in higher education, a landmark decision that has opened the door for broader challenges to DEI across all sectors.

In October, acting Texas Comptroller Kelly Hancock halted new certifications for the HUB program, asserting that “businesses deserve a level playing field where government contracts are earned by performance and best value not race or sex quotas.” Paxton’s opinion reinforces that message, warning that state contracts and hiring practices must return to being merit-based.

It’s worth noting that DEI bureaucracies have exploded in recent years, with companies spending an estimated $9.3 billion annually on DEI-related initiatives despite a lack of evidence that they improve outcomes. In fact, DEI training often increases workplace division and resentment, while sidelining qualified candidates in the name of “equity.”

The Trump administration already led the way by reversing DEI-style mandates in federal departments, from the State Department to the FAA. Now Texas, under Paxton’s leadership, is setting the standard at the state level.

“America is waking up to the egregious unfairness of DEI policies,” Paxton said. “We must return to the basic principles of equal opportunity for all.”

With this legal opinion, Texas becomes the first state to not only challenge but potentially dismantle the DEI industrial complex from top to bottom. Other states are likely to follow as the tide turns against identity politics and the woke agenda.

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