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Paxton Declares DEI Frameworks Unconstitutional Across Texas, Warns Employers

Cornyn immediately called the opinion a campaign stunt, questioning its legality.

Overview

  • Texas Attorney General Ken Paxton issued a 74-page opinion asserting that DEI policies in public entities and private workplaces violate the U.S. and Texas constitutions.
  • The opinion urges schools, state and local agencies, and companies to abolish DEI or affirmative action programs immediately.
  • Paxton’s office said more than 100 state laws are implicated and singled out HUB and DBE contracting preferences while noting a carveout for veterans who use HUB.
  • The analysis relies on the Supreme Court’s 2023 affirmative action decision and applies its reasoning beyond higher education to government and business practices.
  • Sen. John Cornyn challenged the move as an abuse of office, raising whether it was improperly issued without a formal request or constituted an in-kind campaign contribution.