Court clears way for Mississippi schools to enforce ban on DEI

By the Editorial Team · Sunday, October 25, 2026

The U.S. 5th Circuit Court of Appeals has allowed key parts of Mississippi’s ban on diversity, equity, and inclusion (DEI) practices in public schools to take effect, overturning a lower court’s block on the law. This ruling enables schools to restrict diversity training and certain DEI programs while clarifying that the ban does not prohibit discussions of established civil rights topics or scholarly activities, though opponents may still seek a rehearing.

The U.S. 5th Circuit Court of Appeals has allowed portions of Mississippi’s ban on diversity, equity, and inclusion (DEI) practices in public schools to take effect, overturning a lower court’s ruling that had blocked enforcement of the law. The decision clears the way for Mississippi schools to prohibit diversity training and the maintenance of DEI-related programs, courses, and offices.

The legislation, passed in April 2025, also forbids public schools from discussing a defined list of so-called “divisive concepts” involving race, sex, gender identity, sexual orientation, religion, ethnicity, and national origin. Schools found in violation of the law may face reductions in state funding.

A coalition of educators, students, parents, and activists have challenged the ban, arguing it infringes on their First and Fourteenth Amendment rights. The plaintiffs now have several weeks to petition the 5th Circuit for a rehearing. Should they forgo filing or if a petition is denied, the law is set to take effect seven days later, according to McKenna Raney, an attorney representing the plaintiffs.

In its ruling, the appellate court also ordered the case to be reassigned to a different district court judge. This follows criticism of U.S. District Judge Henry Wingate, who had issued a temporary restraining order described by the 5th Circuit as a “botch job,” noting that it included inaccuracies linked to artificial intelligence-generated information. The order preceded Wingate’s subsequent preliminary injunction from August 2025, which the appellate court has now overturned.

The 5th Circuit ruling further clarified the scope of the law amid opponents’ concerns over its ambiguity. The court specified that the ban does not extend to scholarly activities, student groups, or creative engagements. It also rejected assertions that the law would prohibit discussions of established civil rights topics such as Dr. Martin Luther King Jr., the Ku Klux Klan, the Fourteenth Amendment, the holiday of Juneteenth, or the literary work “Of Mice and Men.”

“It is heartening to know that at the very least these specific iterations of classroom discussions that have been happening for years in Mississippi are exempted and they can continue unimpeded,” McKenna Raney, a staff attorney with the American Civil Liberties Union of Mississippi’s LGBTQ Justice Project, said. Nevertheless, Raney acknowledged that the extent of permissible discussions under the law remains unclear.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.