Untitled Texas Attorney General Opinion: KP-0451

Our nation was founded on the radical notion that all are created equal. Though we have often failed to live up to that promise, it remains as a constitutional lodestar—both in the U.S. and Texas Constitutions. The race-and sex-based, public sector preferences discussed in this opinion cannot survive strict scrutiny and are therefore unconstitutional. Furthermore, a large body of DEI practices in the private sector triggers liability under Title VII, the Texas Commission on Human Rights Act, and Section 1981 in addition to state and federal securities law.

A state employee serving as a council member on the Hutto City Council must decline the per-meeting salary payment in subsection 3.04(b) of the city's charter in order to comply with article XVI, subsection 40(b) of the Texas Constitution.

A state employee serving as a council member on the Hutto City Council must decline the per-meeting salary payment in subsection 3.04(b) of the city's charter in order to comply with article XVI, subsection 40(b) of the Texas Constitution.

A race-based student disciplinary decision by an educator or school district violates the Texas Equal Rights Amendment of the Texas Constitution unless it is narrowly tailored to serve a compelling governmental interest. A court would likely conclude that avoiding a disparate impact cannot serve as a compelling governmental interest that justifies making a race-based student disciplinary decision.

A race-based student disciplinary decision by an educator or school district violates the Texas Equal Rights Amendment of the Texas Constitution unless it is narrowly tailored to serve a compelling governmental interest. A court would likely conclude that avoiding a disparate impact cannot serve as a compelling governmental interest that justifies making a race-based student disciplinary decision.