Attorney General Todd Rokita called Indiana Gov. Mike Braun’s decision to end race- and sex-based contracting preferences “probably the most significant” on equal protection since Brown v. Board of Education (1954).
At a July 15 press conference, Rokita, A Republican, explained and defended his legal opinion that led to Braun’s decision, as critics have warned the policy change is bad for Hoosiers who traditionally face barriers when trying to win public contracts.
In Rokita’s 40-plus page advisory opinion he argued preferences in the Minority and Women’s Business Enterprises components of Indiana’s Diversity Business Enterprises Program were unconstitutional under the Equal Protection Clause of the 14th Amendment.
“By definition of the program, Caucasian people have less of an opportunity,” he said. “You’re giving preferential treatment to women, or based on gender or race. So it has to be an even playing field.”
Rokita said the existing contracting preferences “told Hoosiers that the color of their skin or their gender” was more important than merit. Now, he said, Indiana is returning to a “colorblind” approach to government contracting.
He described the contracting preferences as discrimination, saying the government “put its thumb on the scale against any business” whose owner didn’t fall into the state’s favored categories. Such preferences also imply minority businesses can’t compete on an equal foot, he said, which is a condescending message that “undermines true equality.”
“Every business should succeed or fail on their merits,” he said.
Rokita said his opinion drew from the U.S. Supreme Court’s decision that the government many not distribute opportunities on the basis of race. Braun signaled his opinion is tied to a SCOTUS decision in June 2023 that ruled affirmative action unconstitutional.
Rokita said Braun’s decision is “on par with many other big fights” relating to discrimination in the U.S., including the desegregation of the south, the elimination of Jim Crow laws and the passing of the 19th Amendment.
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Hoosiers react to Braun’s decision
Some lawmakers in the Hoosier State have called the move a step back, while other officials are deeming it a move toward “equality.”
In the initial announcement of his decision, Braun said that state will now implement a “merit-based approach that gives every Hoosier business a fair opportunity to compete.”
Shortly after, Rep. Mitch Gore, D-Indianapolis, issued a statement condemning the decision.
Gore called Braun’s decision to dismantle these programs “bad public policy” and “a failure to faithfully execute the laws enacted by the Indiana General Assembly.”
Rokita said in his presser that the General Assembly “has had multiple opportunities to repeal this unlawful program.”
The chair of the Indiana Black legislative Caucus agrees the move is bad for business, but more than that, State Rep. Earl Harris Jr., D-East Chicago, said, it will “drag Indiana backwards.”
“Gov. Braun’s decision erases opportunities for Black Hoosiers, women and other minority business owners who have historically been shut out of contracting – not because they lack merit or talent, but because the system was built to exclude them,” Harris said.
The Indianapolis NAACP and Indiana Black legislative Caucus have both spoken out against the move.
Mia Thurow is the breaking news and criminal justice reporting intern for the Indianapolis Star. She can be reached at mthurow@gannett.com. John Tufts contributed to this story.
This article originally appeared on Indianapolis Star: Indiana AG explains opinion on race- and sex-based contracting preferences
Reporting by Mia Thurow, Indianapolis Star / Indianapolis Star
USA TODAY Network via Reuters Connect
By Mia Thurow, Indianapolis Star | USA TODAY Network
