Florida AG Declares Race‑Based State Laws Unconstitutional, Vows Non‑Enforcement
Florida Attorney General James Uthmeier has issued a formal legal opinion declaring that Florida statutes requiring race‑based state action — including racial preferences, race‑based classifications or quotas — are 'presumptively unconstitutional' under the U.S. Constitution’s Equal Protection Clause and Article I, section 2 of the Florida Constitution. In the opinion, released Monday as the state marked Martin Luther King Jr. Day, Uthmeier writes that 'racial discrimination is wrong' and that enforcing such provisions would itself violate equal‑protection guarantees, so his office 'will not defend or enforce any of these discriminatory provisions.' While the Fox report does not list specific statutes, Florida’s code contains various race‑conscious provisions in areas like contracting and programs historically justified as remedial. Uthmeier, a former chief of staff to Gov. Ron DeSantis whom DeSantis appointed as attorney general last year, is effectively announcing an enforcement posture that invites challenges to any remaining affirmative‑action‑style state laws after the Supreme Court’s 2023 college‑admissions ruling. The move places Florida’s top legal office squarely in the camp arguing that virtually all explicit racial classifications by government are unconstitutional, and signals to agencies, universities and contractors that the state will not back them if they rely on such provisions.
📌 Key Facts
- Florida Attorney General James Uthmeier issued a written opinion stating that any Florida laws requiring race-based state action are 'presumptively unconstitutional' under the Fourteenth Amendment and Florida’s Constitution.
- Uthmeier said his office 'will not defend or enforce' state provisions that give racial preferences, use race-based classifications or employ racial quotas.
- He framed the opinion around equal-protection guarantees and timed its release to the week of Martin Luther King Jr. Day, emphasizing that 'racial discrimination is wrong.'
- Uthmeier was appointed AG by Gov. Ron DeSantis last year after serving as DeSantis’s chief of staff, signaling alignment with broader GOP efforts to roll back race-conscious DEI and affirmative-action policies.
📊 Relevant Data
As of 2024, Florida's population is approximately 49.1% Non-Hispanic White, 26.5% Hispanic or Latino, 14.8% Black or African American, and 3.0% Asian, according to U.S. Census Bureau estimates.
Demographics of Florida — Wikipedia
In Florida, the median household income for Black or African American households is $54,426, compared to $72,246 for White households, $65,779 for Asian households, and $60,646 for Hispanic or Latino households as of 2023 data.
Florida Median Household Income By Race - 2025 Update — Neilsberg
In Florida's 2022 4th grade reading assessments, Black students scored an average of 208, Hispanic students 222, and White students 234, showing gaps of 26 points between Black and White, and 12 points between Hispanic and White.
National 4th grade reading scores show FL Black students struggled more than other racial groups — Florida Phoenix
Following Florida's 1999 ban on affirmative action in public university admissions, the share of underrepresented minority students (Black and Hispanic) in enrollment at selective universities like the University of Florida declined persistently, with only partial recovery in subsequent years.
The Effect of Affirmative Action Bans on College Enrollment — UC Cliometric History Project
Florida Statute 287.09451 establishes the Office of Supplier Diversity to promote minority business enterprises, defined to include businesses owned by racial minorities, providing them preferences in state contracting.
Affirmative action in Florida — Ballotpedia
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