Court Revives Mississippi DEI Restrictions in Public Education

October 28, 2026 - 11:37

A federal appeals court has lifted a preliminary injunction that had blocked parts of Mississippi's law restricting diversity, equity and inclusion programs in public education, sending a lawsuit involving a Mississippi State University student organization back to a lower court.

The 5th U.S. Circuit Court of Appeals ruled on Oct. 22 that the injunction against portions of House Bill 1197, known as the "Equal Opportunity for All" law, could no longer stand. The decision allows the state to enforce the contested provisions while litigation continues.

The law, enacted in 2024, bars public schools, colleges and universities from using state funds for DEI offices, officers and related activities. It also prohibits requiring students, faculty or staff to affirm certain diversity concepts. Supporters argue the measure ensures equal treatment and prevents ideological coercion in classrooms.

Opponents, including the student group that filed suit, contend the restrictions are vague and chill free expression on campus. They argue the statute targets speech and association protected by the First Amendment.

The appeals panel found that the lower court had not sufficiently justified the broad injunction and that the plaintiffs had not shown a likelihood of success on the merits at this stage. The case now returns to the district court for further proceedings.

The ruling marks a significant moment in the broader national debate over DEI policies in education, with several states advancing similar restrictions and facing legal challenges. Mississippi officials praised the decision as a step toward enforcing the will of the legislature, while advocates for the student group said they would continue fighting the law in court.