On January 19, 2026, the federal holiday celebrating Martin Luther King Jr., Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton issued coordinated opinions declaring that diversity, equity, and inclusion (DEI) programs violate federal and state constitutional guarantees of equal protection. Though they lack the force of law, the opinions target both public-sector programs and private-sector employment practices, signaling an aggressive new enforcement posture against race- and sex-conscious initiatives in two of the nation’s largest states.

• Relying heavily on the Supreme Court of the United States’ June 2023 Students for Fair Admissions decision, the attorneys general assert that strict scrutiny applies to all race-based government action and that most DEI programs cannot survive that standard.
• The Texas opinion identifies specific private-sector DEI practices—including “diverse slate” policies, demographic hiring goals, DEI-linked compensation, and restricted fellowship or other pipeline-type programs—as potential violations of Title VII of the Civil Rights Act of 1964, the Texas Commission on Human Rights Act, and Section 1981.
• Florida Attorney General James Uthmeier has announced that his office “will not defend or enforce” state laws requiring race-based classifications, preferences, or quotas in government employment and contracting.

The Florida opinion focuses exclusively on public-sector, race-conscious programs, concluding that state...

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