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Attorney General Ken Paxton Dismantles DEI In Texas With Sweeping Legal Opinion
Texas Attorney General Ken Paxton on Monday declared over 100 laws and policies with “DEI frameworks” unconstitutional, The Daily Wire can first report, stating that these laws were being used to illegally discriminate in both the public and private sectors.
“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,” Paxton said in a statement.
“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. We must return to the basic principles of equal opportunity for all,” Paxton continued.
The opinion specifically notes potential issues in programs like the Historically Underutilized Business (HUB) and the Disadvantaged Business Enterprise (DBE) efforts.
The HUB program was meant to help “small, minority- and women-owned businesses” in the process of obtaining state government contracts, according to the Texas Department of Transportation website. In October, acting Texas Comptroller Kelly Hancock announced that new certifications for HUB would be stopped, posting to X that “Businesses deserve a level playing field where government contracts are earned by performance and best value — not race or sex quotas.”
Paxton noted that the opinion would not impact veterans who utilize the program, but that the sex- and race-based elements of the program run contrary to the state’s Equal Rights Amendment and the 14th Amendment’s Equal Protection Clause.
Meanwhile, the opinion rails against DBE mandates for “consideration of race and sex for seats on state boards, commissions, and committees,” a press release stated.
The attorney general also issued a warning to the private sector about potential “legal liability” if DEI practices are in place at Texas businesses, adding that “America is waking up to the egregious unfairness of DEI policies.”
Paxton also points to the Supreme Court’s 2023 opinion that ended affirmative action in higher education. The attorney general’s opinion notes that the practice is unconstitutional in Texas far beyond education, and said that his office will take action against governmental entities, including schools, that use DEI or affirmative action as a means of “unlawful discrimination” and “the erosion of merit-based decision-making.”
The Trump administration has made sweeping reversals to DEI-style policies at the federal level, ranging from the State Department to the Federal Aviation Administration. Many companies still have DEI practices in place, though others have begun rolling them back.