Conservative shareholders are pushing back against a major grocery store chain's efforts to exclude political viewpoint in its corporate DEI policy.

Shareholders of Kroger, which includes the conservative National Center for Public Policy Research and two individuals, are asking a federal appeals court to overturn a ruling by the Securities and Exchange Commission that backed a decision by Kroger to omit a proposal about nondiscrimination based on political ideology from a shareholder vote.

Together, the shareholders submitted a proposal to the grocery store corporation that asked the company to release a report about any risks that would come with maintaining a policy of equal opportunity based on political ideology or viewpoint.

The company's current "Policy on Business Ethics" says the grocery store chain adheres "to a policy of equal opportunity for all associates without regard to race, color, religion, gender, national origin, disability, sexual orientation, or gender identity."

The proposal was submitted ahead of a shareholder meeting for the company with the idea that it would face a vote. But the proposal was omitted from the materials submitted to shareholders prior to the meeting. Kroger said the proposal was not included because it "deals with a matter relating to the company’s ordinary business operations" and submitted its reasoning to the SEC's Division of Corporation Finance, which agreed with the company's decision.

On Friday, the group of shareholders, represented by Boyden Gray & Associates alongside the conservative law firm America First Legal, filed a petition with the 5th U.S. Circuit Court of Appeals asking the federal court to reverse the SEC's ruling.

"There is no reason to treat viewpoint and ideological discrimination any differently, especially given the significant evidence that such discrimination is rampant across the country, is a matter about which millions of Americans are deeply concerned, and is prohibited by law in many jurisdictions," the court filing says.

Gene Hamilton, the vice president and legal counsel of America First Legal, said the law firm was "proud" to combat "viewpoint discrimination in corporate America.“

"For too long, big corporations–taken hostage by left-wing antagonists–have advanced ideological interests at shareholder expense," Hamilton said. "And for too long, big government has not only enabled their crusade against shareholder interests, but it has also enabled their crusade against the American people and the national interest."