INDIANAPOLIS — Following a legal opinion from Attorney General Todd Rokita finding race- and sex-based contracting preferences in the Minority and Women’s Business Enterprises (M/WBE) components of Indiana’s Diversity Business Enterprises (DBE) Program are unconstitutional under the Equal Protection Clause of the Fourteenth Amendment, Governor Mike Braun today announced that Indiana will end race- and sex-based contracting preferences and replace them with a merit-based approach that gives every Hoosier business a fair opportunity to compete.
“Our Constitution mandates equal protection under the law, because a system where the government picks winners and losers on the basis of race or sex can never be fair. Indiana has replaced divisive, politically-charged programs with a focus on Merit, Excellence, and Innovation: a level playing field where every single Hoosier has the chance to get ahead with hard work.” — Governor Mike Braun
“This blatantly illegal program singles out some Hoosiers for disfavored treatment purely because of their sex or the color of their skin, and it insults other Hoosiers by suggesting they cannot compete on a fair playing field. The program is both un-American and unconstitutional.” — Attorney General Rokita.
In August of last year, the Indiana Department of Administration asked the Attorney General to review the legality of the Governor’s Commission on Supplier Diversity, the Minority and Women’s Business Enterprises Program, and related race- and sex-based contracting requirements.
Governor Braun will soon announce a new small-business initiative to help more Indiana businesses compete for state contracts. The Indiana Small Business Program will promote and facilitate the use of qualified Indiana small businesses in state procurement.
