Mississippi DEI ban in public schools allowed after appeals court reversal

The U.S. Fifth Circuit Court of Appeals overturned a lower court ruling that had blocked enforcement of parts of Mississippi's ban on diversity, equity, and inclusion (DEI) practices in public schools, according to fox7austin.com and other outlets.

The law, passed in April 2025, prohibits public schools from requiring diversity training and maintaining DEI-related programs, courses, and offices. It also bans discussion of certain 'divisive concepts' related to race, sex, gender identity, sexual orientation, religion, ethnicity, and national origin. Schools violating the law risk losing state funding.

The ban has been challenged by educators, students, parents, and activists who argue it violates First and Fourteenth Amendment rights. The plaintiffs have several weeks to petition the Fifth Circuit for rehearing, and the law will take effect seven days after the petition deadline or if a petition is denied, according to attorney McKenna Raney.

The Fifth Circuit also ordered reassignment of the case to a different district court judge following criticism of a prior temporary restraining order that contained artificial intelligence hallucinations. The court clarified that the law does not apply to scholarly activities, student groups, or creative engagements, addressing concerns about its vagueness.