Takeaways

• Texas and Florida Attorneys General say many DEI programs that use race or sex in decisions may violate constitutional equal protection rules.
• Both opinions apply strict scrutiny, putting public agencies, universities, and contractors under sharper legal risk.
• Employers and private companies are warned that certain race-based policies could trigger lawsuits or enforcement.

Texas and Florida have stepped up legal pressure on diversity initiatives, with both states’ attorneys general declaring that many DEI programs relying on race or sex may be unconstitutional.

On January 19, 2026, Texas Attorney General Ken Paxton and Florida Attorney General James Uthmeier issued separate legal opinions questioning state laws, regulations, and agency practices that consider race or gender in hiring, admissions, or contracting. While the opinions do not immediately change the law, they signal tougher scrutiny and could shape future litigation and enforcement.

In Texas, Paxton released a 75-page analysis arguing that government actions tied to diversity, equity, and inclusion (DEI) often conflict with constitutional guarantees of equal protection. The opinion states that any policy classifying people by race or sex must pass “strict scrutiny,” the highest legal standard. Under that test, the government must prove a compelling interest and show the policy is narrowly tailored.

Read More: AT&T Ends DEI Policies, Removes Controversial Training on Race

Paxton concluded that most race-based policies aimed at improving demographic outcomes do not meet that threshold. He said state entities should treat individuals as individuals rather than members of racial or gender groups.

The opinion casts doubt on a wide range of public-sector initiatives, including DEI offices at agencies, affirmative considerations in university admissions or employment, contractor preferences, and government-backed training programs. It also cautions that private companies operating in Texas could face liability if corporate DEI efforts rely on protected characteristics.

Florida’s legal view mirrors much of Texas’ reasoning. Uthmeier’s opinion cites the U.S. Supreme Court’s ruling in Students for Fair Admissions v. Harvard, which struck down race-conscious college admissions. He extends that logic beyond universities to state agencies and contracting practices.

The Florida Attorney General identified dozens of statutes that he believes fail constitutional standards. Among them are laws requiring affirmative-action hiring goals, race-based contracting preferences, and representation quotas on boards and councils. According to the opinion, these measures amount to government discrimination and cannot survive strict scrutiny.

Legal experts note that Attorney General opinions are not binding court rulings. Still, they carry weight. State agencies often rely on them to guide enforcement and policymaking, and advocacy groups may cite them in lawsuits challenging DEI frameworks.

The practical impact could be significant. Agencies in both states may scale back or revise programs tied to demographic targets. Universities and contractors could reassess admissions, hiring, and procurement practices. Meanwhile, businesses with operations in Texas or Florida are being urged to review their compliance strategies and separate nondiscrimination efforts from policies that allocate benefits by race or sex.

Also Read: Judge Blocks Trump-Era Ban on School DEI Programmes

For now, the opinions mark a clear shift: DEI efforts in these states face closer constitutional review and a higher risk of legal challenges.

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Source: orrick