Federal Judge Temporarily Blocks Mississippi’s DEI Law
A federal judge issued a temporary restraining order on Sunday against a law in Mississippi that aims to ban diversity, equity, and inclusion (DEI) initiatives in public schools and universities.
US District Judge Henry Wingate, appointed by former President Ronald Reagan, sided with the plaintiffs, which include the Mississippi Educators Association, represented by the American Civil Liberties Union and the Mississippi Judicial Center. This order pauses the enforcement of House Bill 1193 for at least 14 days. This legislation was passed in April and took effect on July 1.
In his ruling, Wingate pointed out that the law has already begun to have negative consequences. For instance, faculty at Jackson State have been instructed not to engage in discussions about gender theory or systemic racism.
Wingate emphasized that vague bans and threats of financial repercussions do not serve the public interest, instead undermining it. He remarked that laws lacking constitutional boundaries should be restrained to protect Mississippi’s citizens and the various principles that underpin the nation.
This law forbids the establishment of DEI offices, programs, and training, and prevents educational institutions from considering DEI in contracts and hiring processes. It also bans academic offerings that endorse the idea that any race, gender, or ethnicity is superior to others or that an individual’s character is defined by these attributes. Institutions are also prohibited from advocating concepts related to transgender ideology and various expressions of gender identity.
Non-compliance with this law could result in a loss of state funding for institutions.
The judge noted that the plaintiffs argue the enforcement mechanisms of this law, such as funding withdrawal and the dissolution of student organizations, could lead to increased harm. In an academic setting, the fear of losing state funding may force institutions to excessively alter their practices, thereby stifling constitutionally protected speech.
Wingate referenced an affidavit from school officials indicating that the ambiguities in the law have caused confusion. For example, a librarian from Hinds Community College expressed uncertainty regarding the appropriateness of recommending materials related to race or gender for events like Black History Month.
In Wingate’s view, these accounts indicate a widespread chilling effect across public institutions. He opined that the evidence presented suggests a significant constitutional deprivation that cannot be adequately addressed through monetary damages.
The judge has called for both parties to appear at a hearing on Wednesday, where he may decide to extend the temporary restraining order for an additional 14 days. The plaintiffs are pursuing a preliminary injunction to permanently block the DEI ban, with a follow-up hearing scheduled for August 3.
As of now, it’s unclear whether Mississippi will appeal this decision to the US Court of Appeals for the Fifth Circuit. The Attorney General’s Office in Mississippi has not yet responded to inquiries regarding this matter.
