Fifth Circuit Court allows Mississippi DEI law to take effect

The U.S. Fifth Circuit Court of Appeals has vacated a preliminary injunction that was blocking portions of Mississippi’s House Bill 1193, a law restricting diversity, equity, and inclusion (DEI) programs in public education. The ruling allows provisions that prevent public schools, community colleges, and universities from requiring diversity training or maintaining DEI-related offices and courses to proceed.

The law also prohibits the discussion of certain “divisive concepts” regarding race, gender identity, and national origin in public institutions, with violations potentially resulting in the loss of state funding. While opponents argue the law violates First and Fourteenth Amendment rights, the Fifth Circuit clarified that the restrictions do not apply to scholarly activities, creative engagements, or specific historical discussions regarding civil rights and the Ku Klux Klan.

The appeals court also ordered the case to be reassigned to a different federal judge. This follows criticism of a previous temporary restraining order issued by U.S. District Judge Henry Wingate, which the court noted contained errors and instances where a law clerk used artificial intelligence to assist in drafting.