Federal judge slaps temporary restraining order on Mississippi DEI ban

Mississippi law banning diversity, equity and inclusion programs in public schools and universities paused by federal judge who cited free speech concerns.

An American flag flies at half-staff outside the Thad Cochran United States Courthouse in downtown Jackson, Miss., on May 30, 2019.  (AP Photo/Rogelio V. Solis, File)

"Suppressing constitutional speech through vague prohibitions and the specter of financial retribution does not serve the public good – it undermines it," Wingate wrote. "An over-broad, constitutionally borderless law should be the target of a well-aimed injunction to promote, rather than impair, the interests of Mississippi citizens, the integrity of its institutions, and the constitutional principles on which this republic stands."

The legislation bans DEI offices, programs, trainings and statements and prohibits institutions from considering DEI in contracts and their hiring processes. It also prohibits programs or academic courses promoting "divisive concepts," including that one race, sex, color, or national origin is superior to another or that someone is inherently racist or oppressive, consciously or unconsciously, based on those characteristics. Schools or universities may not promote the concept that an individual's moral character is determined by his or her race, sex, color, or national origin or that "meritocracy or traits such as hard work ethic are racist or sexist, or were created by a particular class to oppress another class." 

The law also bans "concepts promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation." 

Institutions found to be in violation of the law could lose state funding.

Jackson State University celebrated the achievements of over 500 graduates during its Spring 2025 Commencement, honoring their academic accomplishments and the institution's enduring legacy.  (Aron Smith/Jackson State University via Getty Images)

The judge instructed both sides to appear for a hearing on Wednesday. Wingate can decide whether to extend the temporary restraining order by another 14 days. 

Plaintiffs are seeking a preliminary injunction, which would more permanently block the DEI ban. A hearing on that matter is scheduled for Aug. 3. 

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It was not immediately known if Mississippi would appeal to the U.S. 5th Circuit Court of Appeals. Fox News Digital reached out to the Mississippi Attorney General's office, but they did not immediately respond.

The Associated Press contributed to this report.

Danielle Wallace is a breaking news and politics reporter at Fox News Digital. Story tips can be sent to danielle.wallace@fox.com and on X: @danimwallace

https://www.foxnews.com/politics/federal-judge-slaps-temporary-restraining-order-mississippi-dei-ban