10-02-2024
A federal judge in Kentucky partially blocked The Disadvantaged Business Enterprise (DBE) program whose focus is to direct ten percent of transportation infrastructure funding to women and minority-owned firms. In his ruling, the judge wrote that “The Court is keenly aware of the past discrimination that certain groups of people have faced in this country. And the Court is sure that the federal government has nothing but good intentions in trying to remedy past wrongs. But remedying those wrongs must still pass constitutional muster. The federal government cannot classify people in such a manner that violates the principles of equal protection.” The program, administered by the state, is funded by the federal government.
The Washington Post notes that DBE is at least the fourth such program in recent months to be blocked on constitutional grounds. Earlier this year, a federal judge ordered the Minority Business Development Agency to open its programs to everyone, not just minority entrepreneurs. In another case, a Tennessee judge ruled that a Small Business Administration program for minority contractors could no longer presume that certain ethnic groups were inherently “disadvantaged” which was a key requirement to receive government contracts.
These and many similar lawsuits against diversity initiatives containing racial preferences have followed the Supreme Court’s decision overturning race-conscious college admissions last June.