Florida Attorney General James Uthmeier issued a firm legal opinion refusing to enforce state statutes that treat people differently because of race, arguing those provisions clash with both the U.S. Constitution and Florida’s own founding document. The opinion, released on the federal holiday that honors Martin Luther King Jr., says the attorney general’s office will no longer defend or carry out laws that explicitly prefer or disadvantage individuals based on race.
Uthmeier put the point bluntly and clearly: “Racial discrimination is wrong. It is also unconstitutional. Yet Florida maintains several laws on its books that promote and require discrimination on its face,” and he signaled a shift from passive acceptance to active refusal to uphold those provisions. That stance reflects a straightforward Republican emphasis on equal protection under the law and a return to colorblind governance as the baseline for state action. This approach treats constitutional guarantees as limits on government, not ideals to be selectively applied.
The legal core of the opinion reads like a constitutional primer aimed at state statutes: “The question of law presented here is: Are Florida laws that mandate discrimination based on race by giving preferences to certain racial groups, using race-based classifications, or employing racial quotas, constitutional? In short, the answer is no. Any laws requiring race-based state action are presumptively unconstitutional under the Fourteenth Amendment’s Equal Protection Clause and Article I, section 2, of Florida’s Constitution.” That reasoning ties Florida practice directly to text in both the federal and state charters and rejects policy experiments that depend on racial categories.
Putting principle into practice, Uthmeier made it plain how his office will act: “As Attorney General, I and my office must honor the U.S. and Florida Constitutions’ guarantee of equal protection under the law. Because enforcing and obeying these discriminatory laws would violate those bedrock legal guarantees, those laws are unconstitutional,” he noted. “My office, therefore, will not defend or enforce any of these discriminatory provisions.” This is more than rhetoric; it commits the enforcement arm of the state to a legal standard that treats race-conscious statutes with heavy skepticism.
The timing of the opinion was notable: it was issued on the day the nation pauses to remember Martin Luther King Jr., a moment Republicans argue is fitting for reasserting equality under law rather than expanding government classification powers. The move also reflects the priorities of the governor who appointed Uthmeier, Ron DeSantis, and it extends a broader state-level push to roll back policies that use race as a factor in public decision making. That push frames equality as uniform treatment before the law rather than managed outcomes based on identity.
Uthmeier’s path to the attorney general’s office came via service in the governor’s circle, where he previously served as the governor’s chief of staff, and now he is using that platform to enforce a constitutional vision. The office’s stance may trigger legal fights and will almost certainly be tested in court as affected parties challenge the withdrawal of defense or enforcement. Still, the message is clear: the state’s top lawyer sees race-based statutes as legally vulnerable and politically unnecessary.
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Darnell Thompkins is a conservative opinion writer from Atlanta, GA, known for his insightful commentary on politics, culture, and community issues. With a passion for championing traditional values and personal responsibility, Darnell brings a thoughtful Southern perspective to the national conversation. His writing aims to inspire meaningful dialogue and advocate for policies that strengthen families and empower individuals.