Texas Attorney General Ken Paxton has issued a sweeping new legal opinion declaring that “Diversity, Equity, and Inclusion” programs rooted in race- and sex-based preferences are unconstitutional in the public sector and expose private companies to significant legal liability.
The 74 page opinion argues that government policies awarding opportunities or benefits based on “skin color or sex” cannot survive strict constitutional scrutiny and should be dismantled across Texas.
An attorney general opinion is a formal written interpretation of the law issued by the state’s top lawyer, typically in response to a legal question about how existing statutes or constitutional provisions should be applied.
Paxton’s office said the opinion targets decades of DEI frameworks embedded throughout state and local government, including programs in public institutions and schools. The attorney general framed the action as a return to equal opportunity and a rejection of what he called “woke, race-based favoritism.”
“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. “America is waking up to the egregious unfairness of DEI policies. 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.”
Paxton added that “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.”
In the opinion itself, Paxton’s office contends that DEI has evolved into a system in which immutable traits have become “the currency of advancement,” spreading through academia, government, and private industry.
While an AG opinion can carry significant weight for state agencies and local governments—often shaping how officials administer programs and avoid legal risk—it does not, by itself, change the law, repeal statutes, or carry the force of a court order.
It does, however, signal how his office will treat DEI going forward.
The legal opinion concludes that race- and sex-based preferences in public institutions “cannot survive strict scrutiny and are therefore unconstitutional.”
It also warns that many private-sector DEI practices could trigger liability under Title VII of the Civil Rights Act, the Texas Commission on Human Rights Act, and federal civil rights law, including Section 1981, as well as potential exposure under state and federal securities laws.
A major focus of Paxton’s opinion is Texas’ historically underutilized business (HUB) contracting framework, which Paxton describes as a “pervasive, discriminatory regime” that violates both the U.S. Constitution’s Equal Protection Clause and the Texas Constitution’s Equal Rights Amendment.
The opinion argues the state’s HUB structure defines eligibility and access to government benefits by race and sex, triggering strict scrutiny and creating what it calls de facto quotas through race- and sex-based “targets.”
Paxton’s opinion also directly rebukes prior guidance from former Attorney General John Cornyn. Paxton’s office says Cornyn declined to address DEI in higher education and withdrew earlier guidance, leaving agencies without a clear legal framework as DEI expanded across government.
“This was as wrong then as it is now, and the opinion is overruled,” the opinion states.
Notably, Paxton is currently challenging Cornyn for the U.S. Senate.
In response, Cornyn blasted the opinions as “bogus” in a social media post, asking if it constituted an “illegal, in-kind contribution to his campaign.”
Paxton’s office said the new guidance restores a merit-based framework and makes clear that Texas law does not permit discrimination in the name of “equity,” calling on government entities and employers to end DEI programs that rely on race- or sex-based decision-making.
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