On Monday, Texas Attorney General Ken Paxton issued a legal opinion declaring over 100 state laws and policies incorporating DEI frameworks unconstitutional, urging their immediate abolition. In a parallel move, Florida Attorney General James Uthmeier announced that dozens of affirmative action programs in state law violate the U.S. and Florida constitutions, stating his office will no longer defend or enforce them. Both actions cite the Supreme Court's 2023 ruling against race-based college admissions as precedent.
Texas Attorney General Ken Paxton declared over 100 laws and policies with 'DEI frameworks' unconstitutional, arguing they enable illegal discrimination in public and private sectors. In a statement, Paxton said, '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 called on private-sector employers, schools, and government entities to abolish DEI, affirmative action, or related discrimination programs, emphasizing a return to 'equal opportunity for all.'
The opinion targets programs like the Historically Underutilized Business (HUB), which aids small, minority- and women-owned businesses in securing state contracts, and the Disadvantaged Business Enterprise (DBE), which considers race and sex for appointments to state boards and committees. Paxton noted that while veterans using HUB remain unaffected, the race- and sex-based elements contravene Texas's Equal Rights Amendment and the 14th Amendment's Equal Protection Clause. In October, acting Texas Comptroller Kelly Hancock halted new HUB certifications, stating on X, 'Businesses deserve a level playing field where government contracts are earned by performance and best value — not race or sex quotas.' Paxton warned Texas businesses of potential legal liability for DEI practices, adding, 'America is waking up to the egregious unfairness of DEI policies.' His office plans enforcement against governmental entities promoting 'unlawful discrimination' and eroding merit-based decisions.
Similarly, in Florida, Attorney General James Uthmeier identified dozens of affirmative action programs as unconstitutional for mandating racial preferences. He wrote, 'Racial discrimination is wrong. It is also unconstitutional. Yet Florida maintains several laws on its books that promote and require discrimination on its face.' The opinion lists examples, including mandates for state agencies to implement affirmative action plans and report hiring demographics of non-white employees, as well as requirements for doctor's offices to hire minority doctors and the Commerce Department to promote minority businesses. Another program sets aside construction and contract awards for blacks, Hispanics, Asians, and women. Uthmeier argued these fail strict scrutiny, lacking compelling interests like remedying past discrimination, and preclude race-neutral alternatives. He affirmed, 'Any Florida law that seeks to compel race-based discriminatory provisions through government contracting is unconstitutional,' and his office will not defend racial quotas on boards or councils.
Both attorneys general referenced the Supreme Court's 2023 decision in Students for Fair Admissions v. Harvard, which ended affirmative action in higher education, extending its logic to broader state practices. These moves align with federal reversals under the Trump administration, though many companies retain DEI initiatives while others scale them back.
