U.S. District Court Judge Henry Wingate has temporarily paused the state of Mississippi's recently signed new law that effectively bans diversity, equity and inclusion programs in public education.

On Sunday, Wingate approved a temporary restraining order on the law in response to a lawsuit brought by the Mississippi Association of Educators, students, parents, and civil-rights groups. The groups are represented by the ACLU of Mississippi and the Mississippi Center for Justice.

The temporary restraining order comes two days after the Mississippi Institutions of Higher Learning (IHL) Board of Trustees took steps to limit diversity, equity and inclusion initiatives across the state’s eight public universities, citing the need to comply with House Bill 1193, the new state law.

HB 1193 bans public schools from running DEI offices, requiring DEI training, or asking for “diversity statements” in hiring. It also outlaws programs deemed “divisive concepts,” allows formal complaints and lets the state cut funding for repeat violations. The bill passed the Mississippi Legislature this past session and was signed into law by Republican Gov. Tate Reeves in April.

U.S. District Court Judge Henry Wingate has temporarily paused the state of Mississippi's recently signed new law that effectively bans diversity, equity and inclusion programs in public education.

In the order, Wingate agreed with the plaintiffs’ arguments that HB 1193’s restrictions are overly broad and risk silencing protected speech. He wrote that the law targets specific viewpoints — such as affirmative action, gender identity and systemic racism — while allowing opposing perspectives.

"The Supreme Court has long recognized the 'transcendent value of speech in the university setting'" Wingate wrote. "HB 1193's restrictions target specific viewpoints allegedly disfavored by the State - e.g., affirmative action, gender identity, collective responsibility - while permitting opposing viewpoints. This is the essence of unconstitutional viewpoint discrimination."

He noted that the law’s vague language and broad prohibitions could create a "chilling effect" on educators and students, forcing them to self-censor out of fear of violating the statute.

"This Court finds that each day the statute remains unclarified, undefined, and under a threat of open interpretation, exacerbates the suppression of protected speech,” Wingate wrote.

Wingate also emphasized that enforcement mechanisms — such as allowing complaints and threatening funding cuts — risk punishing schools for engaging in protected speech while offering little guidance on what qualifies as a violation.

“The statute prohibits the dissemination, endorsement, or engagement with ‘divisive concepts’…without clearly identifying what constitutes ‘promotion,’ or which views are considered ‘divisive,’” Wingate wrote. “Such ambiguity…not only deprives individuals of fair notice, but also empowers enforcers to apply the statute selectively."

The temporary restraining order will stay in place for up to 28 days or until the court decides whether to issue a longer-lasting preliminary injunction. A hearing is set for the morning of Wednesday, July 23.

Attorney General Lynn Fitch declined to weigh in.

"We do not comment on active litigation," said Maryasa Lee, communications director for Fitch's Office of the Attorney General, on Tuesday, adding that the office may have a statement after the upcoming hearing.

This article originally appeared on Mississippi Clarion Ledger: Federal judge blocks Mississippi DEI ban amid free speech concerns. How long will it last?