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Paxton Declares DEI Frameworks Unconstitutional Across Texas as Cornyn Pushes Back

The 74-page advisory sets out that more than 100 statutes violate equal-protection principles, warning private employers of potential liability.

Overview

  • Texas Attorney General Ken Paxton released a legal opinion asserting that DEI policies in state entities and schools are unlawful and could expose private companies to claims under state and federal law.
  • The opinion says decades of DEI-related provisions embedded in more than 100 Texas laws are unconstitutional, extending the logic of the Supreme Court’s 2023 affirmative action ruling beyond university admissions.
  • Specific targets include the Historically Underutilized Business and Disadvantaged Business Enterprise programs, with an explicit carve-out indicating veterans’ participation would not be affected.
  • Sen. John Cornyn disputed the move as nonbinding and politically motivated, questioning whether the opinion is an improper in-kind campaign contribution and noting it may have been issued without a formal request.
  • Political analysts emphasize that attorney general opinions are advisory, leaving practical impact dependent on agency actions or litigation as the GOP Senate primary between Paxton and Cornyn intensifies.