Florida’s attorney general released an opinion Monday questioning the constitutionality of roughly 80 state laws that support minority contracting and promote diverse hiring, drawing swift condemnation from Black lawmakers Thursday. James Uthmeier claimed the laws violated the equal protection clause of the Fourteenth Amendment because “they mandate discrimination based on race,” and said he would no longer enforce what he called their “discriminatory” provisions.
The timing—on Martin Luther King Jr. Day—drew particular criticism from Democratic legislators, who characterized the move as a political stunt and a threat to decades of civil rights protections.
The dispute centers on whether laws designed to remedy the effects of historical racial discrimination constitute unlawful preference or necessary correction. Uthmeier’s action raises the stakes in a national debate over affirmative action and minority-contracting programs as Republican-led administrations increasingly challenge their constitutional basis.
Programs Under Challenge
The opinion targets programs that provide loans to Black-owned businesses, set aside contracts for minority-owned firms, and promote diversity in state appointments.
Invoking Florida’s Segregated Past
Democratic lawmakers criticized the opinion for ignoring Florida’s history of racial segregation. Until the 1960s, Florida enforced Jim Crow laws that legally mandated racial segregation in schools and public accommodations.
State Rep. Fentrice Driskell, the Democratic leader in the Republican-controlled Florida House, rejected Uthmeier’s reasoning. “I know he doesn’t understand this, and I know he doesn’t have our lived experience, but I wish he would listen when we explain the reality of our lives and what people go through in our communities,” Driskell said. “Civil rights laws are protections against discrimination, not preferences. This is about leveling the playing field, making sure that Floridians who look like us, and Floridians who look like the attorney general, have the same opportunities.”
Calls for Accountability
State Sen. Mack Bernard called for Gov. DeSantis to remove Uthmeier from office if he does not enforce the laws. Bernard cited the governor’s track record of removing elected officials who failed to carry out state law.
“Democracy doesn’t survive by exclusion,” Bernard said. “It thrives when the institutions that govern us reflect the people they serve. This is not reform. It is a deliberate dismantling of the best practices and pursuit of political power, and it should alarm every Floridian, regardless of party affiliation.”
Background
Uthmeier, who is white, was appointed to the attorney general position last year after then-Attorney General Ashley Moody was appointed by Gov. DeSantis to a U.S. Senate seat vacated by Marco Rubio’s appointment as Secretary of State under President Donald Trump. Uthmeier previously served as DeSantis’ chief of staff. He is running for election to the position this year.