Florida Democratic lawmakers and members of the Florida Legislative Black Caucus denounced a legal opinion by Republican Attorney General James Uthmeier on Thursday, saying it could weaken state laws that support minority contracting and diverse appointments.
The dispute centers on Uthmeier’s opinion issued Monday that questioned the constitutionality of dozens of Florida laws, including programs that provide loans to Black businesses and set aside contracts for minority businesses.
Uthmeier said in his opinion that around 80 Florida laws and programs violated the U.S. Constitution’s equal protection clause of the Fourteenth Amendment. In the opinion, he wrote that the laws “mandate discrimination based on race,” and he said he would no longer enforce or defend the “discriminatory” provisions.
Lawmakers criticized the timing and the effect they say the opinion could have. The opinion was released on Monday, when many U.S. residents were observing the Martin Luther King Jr. holiday.
At a news conference Thursday, state Rep. Fentrice Driskell, a Democratic leader in the GOP-controlled Florida House, said she wanted Uthmeier to listen to what she described as the “reality of our lives and what people go through in our communities.” Driskell said, “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,” and added that “Civil rights laws are protections against discrimination, not preferences.”
Driskell also tied her comments to what she said is the purpose of the state’s contracting and appointments efforts, saying “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.”
State Sen. Mack Bernard said the opinion amounted to more than legal reconsideration. He said, “Democracy doesn’t survive by exclusion. It thrives when the institutions that govern us reflect the people they serve,” and added: “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.”
The AP report said Uthmeier was named attorney general last year by GOP Gov. Ron DeSantis, after then-attorney general Ashley Moody was appointed by the governor to a U.S. Senate seat left vacant by Marco Rubio. The report also said Uthmeier previously served as DeSantis’ chief of staff and is running for election this year.
Bernard and others argued that if Uthmeier does not enforce the laws on the books, DeSantis should remove him from office. The AP report said DeSantis has removed other elected officials whom the governor said were not carrying out state laws.