Mississippi DEI Ban Can Move Forward After Appeals Court Reversal
The Fifth Circuit Court of Appeals vacated a lower court's ruling that had blocked portions of the state's ban on diversity, equity, and inclusion practices in public schools.
Portions of a Mississippi ban on diversity, equity, and inclusion (DEI) practices in public schools can now be enforced after the U.S. Fifth Circuit Court of Appeals vacated a lower court's ruling that had prevented sections of the law from taking effect. The law, passed in April 2025, prohibits public schools from requiring diversity training and from maintaining DEI-related programs, courses, or offices.
It also forbids public schools from discussing a list of "divisive concepts" concerning race, sex, gender identity, sexual orientation, religion, ethnicity, and national origin. Schools found to be in violation could face the loss of state funding.
A group of educators, students, parents, and activists are challenging the ban, asserting that it infringes upon their First and Fourteenth Amendment rights. According to McKenna Raney, an attorney representing the plaintiffs, they have several weeks to file a petition for rehearing with the Fifth Circuit. The law would become effective seven days after the petition deadline passes or if the petition is denied.
The Fifth Circuit also directed that the case be reassigned to a different district court judge. This decision followed U.S. District Judge Henry Wingate's issuance of a temporary restraining order, which the appeals court described as a "botch job" containing artificial intelligence hallucinations. The restraining order preceded Wingate's August 2025 preliminary injunction, which the Fifth Circuit has now overturned.
The ruling also offers clarification on the law's scope, which opponents had criticized for being overly vague. The Fifth Circuit stated that the law does not apply to scholarly activities, student organizations, or creative engagements. The court also addressed concerns raised by plaintiffs that the law might prohibit discussions about civil rights, Martin Luther King Jr., the Ku Klux Klan, the Fourteenth Amendment, Juneteenth, and "Of Mice and Men," deeming these concerns incorrect.
"It is heartening to know that at the very least these specific iterations of classroom discussions that have been happening for years in Mississippi are exempted and they can continue unimpeded," said Raney, who is also an attorney with the American Civil Liberties Union of Mississippi's LGBTQ Justice Project. However, Raney noted that the specifics of what discussions are permissible under the law remain unclear.