Texas Attorney General declares more than 100 DEI policies and programs unconstitutional

Ken Paxton, attorney general of Texas, declared more than 100 diversity, equity, and inclusion (DEI) policies and programs unconstitutional. The Republican official issued a major legal opinion in which he sharply criticized affirmative action.

As explained by the Texas attorney general, these policies consider race and sex as explicit factors in employment, hiring, or resource allocation decisions, violating both the Equal Protection Clause of the National Constitution and the Equal Rights Amendment of the Texas Constitution.

In addition, Paxton remarked on the symbolism of announcing the measure on Martin Luther King Jr. Day, which celebrates the life, legacy of the historic civil rights activist.

"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," the Texas attorney general 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," he added.

The move was neither a law nor a court ruling but a major legal opinion from the Texas attorney general. It is a formal legal pronouncement by which existing laws are interpreted. While it is not law, it carries legal weight for Texas state agencies until a statute is enacted or a court ruling is issued to the contrary.

In addition, Paxton warned companies of potential "legal liability" if they continue to implement such affirmative action policies in the Lone Star State.

The attorney general is a candidate for the Senate in Texas, where one of the most expensive and hard-fought Republican primaries in the country is expected. Paxton faces incumbent Senator John Cornyn and Congressman Wesley Hunt.

On the other side, the Democratic primary is also shaping up to be competitive, as it will pit Congresswoman Jasmine Crockett against state legislator James Talerico.

According to Texas election rules, if no candidate exceeds 50 percent of the vote in the primary, the top two vote-getters must face off in a runoff to determine the party's nominee.