Judge temporarily blocks DEI ban in Mississippi

A federal judge issued a temporary restraining order Monday blocking a Mississippi law prohibiting diversity, equity and inclusion (DEI) programs in public schools and colleges, citing First Amendment grounds.

“This Court finds that each day the statute remains unclarified, undefined, and under a threat of open interpretation, exacerbates the suppression of protected speech,” Judge Henry Wingate said in his ruling.

The plaintiffs included the Mississippi Educators Association, which represents public school teachers, as well as student organizations and faculty at several state colleges, including Jackson State University, a historically Black institution. They argued that the Mississippi law had chilled free expression and forced them to cancel previously scheduled DEI initiatives or training.

The law prohibits the promotion of “divisive concepts” or programming that “increases awareness or understanding of race, sex, color, gender identity, sexual orientation, or national origin.”

In his ruling, Wingate argued that the law was unclear and could be construed to be enforced unevenly.

“Institutions have spent the intervening months attempting to interpret and implement the statute, often erring on the side of caution by canceling or defunding programming that arguably falls within its prohibitions. This prolonged period of uncertainty has deepened the chilling effect,” Wingate wrote.

The parties are due back in court on July 23 for a hearing on a possible preliminary injunction, which would be a stronger block on the law.

Mississippi is one of at least 16 states that have passed bills since 2023 restricting DEI in some way, including by targeting diversity statements, DEI-related courses, or mandatory training.