Texas AG Ken Paxton Declares Over 100 DEI Policies Unconstitutional
Top Texas News erupts. Texas Attorney General Ken Paxton made a major declaration. He targeted over 100 Diversity, Equity, and Inclusion (DEI) policies. Paxton deemed them unconstitutional. This significant legal opinion was issued on Martin Luther King Jr. Day. It signals a sweeping change for Texas institutions.
Challenging DEI Frameworks
Paxton criticized affirmative action. He stated DEI policies are unlawful. These programs consider race and sex. This affects employment and hiring. It also impacts resource allocation. Such practices violate the U.S. Constitution’s Equal Protection Clause. They also break the Texas Constitution’s Equal Rights Amendment. Paxton believes these actions defy American principles. Equal opportunity is fundamental. Nondiscrimination is also key. He asserts that eliminating racial discrimination means eliminating all of it. This aligns with a 2023 Supreme Court ruling. That ruling opposed race-based affirmative action. It specifically targeted higher education.
Legal Rationale Explained
The Attorney General’s opinion is extensive. It spans 74 pages. It argues race and sex preferences cannot survive strict scrutiny. This legal standard is very high. Policies using these factors are inherently suspect. They are seen as discriminatory. Paxton called these practices “woke, race-based favoritism”. He believes they deviate from merit-based systems. People should be judged on merit. Character and qualifications matter most. Inherent characteristics should not.
Scope of the Ruling
This opinion targets decades of DEI frameworks. These are embedded across Texas government. This includes state agencies and local governments. Public schools are also affected. The ruling invalidates numerous state laws. Over 100 “woke state laws” are impacted. Historically Underutilized Business (HUB) programs are a major focus. Paxton calls them a “pervasive, discriminatory regime”. Disadvantaged Business Enterprise (DBE) programs are also cited. These programs often consider race and sex. They influence eligibility for government benefits. Paxton argues they create de facto quotas. They prioritize grants based on race and sex. This is seen as a failure in stewardship of taxpayer dollars.
Implications for Businesses
Private businesses are also on notice. Paxton warns of significant legal liability. Companies engaging in DEI practices could face lawsuits. This could stem from state and federal laws. These include Title VII and the Texas Commission on Human Rights Act. Federal civil rights laws are also cited. Paxton urges private employers to abolish DEI programs. Merit-based systems should be restored.
Reversing Past Guidance
Paxton’s opinion explicitly rebukes past guidance. It specifically targets former Attorney General John Cornyn. Cornyn issued an opinion in 1999. At that time, he declined to address DEI in higher education. He also withdrew previous guidance. Paxton states Cornyn’s actions allowed DEI to flourish unchecked. He calls Cornyn’s previous stance “flawed”. Paxton asserts his new opinion “overrules” it. Cornyn has since called Paxton’s opinion “bogus”. He suggested Paxton is abusing his office. Legal experts also question the opinion’s binding authority. An AG opinion interprets law. It is not a statute or court ruling. However, it guides state agencies.
Fulfilling MLK’s Vision?
Paxton framed his action as fulfilling a vision. He cited Martin Luther King Jr. He mentioned King’s dream. This dream was for a nation judging people by character. Not by skin color. He calls the opinion a return to equal opportunity. It rejects “woke, race-based favoritism”. This timing on MLK Day is deliberate. It draws a direct connection to civil rights ideals. However, critics disagree with this interpretation. Some see it as a political move. It occurs amid a heated U.S. Senate primary race. Paxton is challenging incumbent Senator John Cornyn.
Exemptions and Future Actions
Programs for veterans are unaffected. These are based on service, not inherent traits. Paxton’s office will investigate entities. This includes school districts and agencies. They will hold accountable those using DEI for discrimination. The goal is to restore merit-based decision-making. This is a trending news topic in Texas. The future impact remains to be seen. Legal challenges are possible. Businesses must now assess their DEI practices. This news affects the entire state.
Conclusion
Texas Attorney General Ken Paxton has issued a powerful opinion. It declares over 100 DEI policies unconstitutional. This action challenges long-standing programs. It cites constitutional protections. The ruling impacts state government. It also warns private businesses. The debate over DEI in Texas intensifies. This news is a major development. It signals a shift in state policy. The focus now returns to merit. It aims to eliminate race and sex-based preferences. This opinion sets a new legal standard. It reshapes how diversity is approached. The state navigates these changes. Texas is at the forefront of this discussion.
