Indiana Governor Ends Race- and Sex-Based Preferences in State Contracts

Governor Mike Braun signed an executive order Wednesday ending Indiana’s use of race- and sex-based preferences in awarding state contracts, Washington Examiner reported. The order followed a legal review by Indiana Attorney General Todd Rokita. Braun had directed Rokita to examine whether the Minority and Women’s Business Enterprises procurement program could withstand scrutiny under the Equal Protection Clause of the 14th Amendment and whether the governor held authority to remove the preferences.

Rokita concluded that the program was constitutionally vulnerable under the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. He also determined that Braun possessed the authority to end the preferences.

The new framework awards contracts based on qualifications, performance, and value. Braun stated in a news release that the Constitution requires equal protection and that a system selecting winners and losers by race or sex cannot be fair. He added that Indiana had replaced the prior programs with a focus on merit, excellence, and innovation to create a level playing field.

Rokita said the program singled out some Hoosiers for disfavored treatment because of sex or skin color and insulted others by implying they could not compete fairly. He described the program as both un-American and unconstitutional. The former program had encouraged state agencies to direct a portion of contracting dollars to certified businesses owned by women and racial minorities.

Under the new order, the state will expand outreach to all small businesses using race- and sex-neutral criteria and will soon announce a new small-business initiative.