Florida Attorney General James Uthemeier issued an opinion declaring that state laws that mandate racial preferences, classifications, or quotas are unconstitutional and will not be defended or enforced by his office. He said such provisions are presumptively invalid under the Fourteenth Amendment's Equal Protection Clause and Article I, Section 2 of the Florida Constitution. The opinion, released on the Martin Luther King Jr. federal holiday, reiterates the AG's duty to uphold equal protection. Uthemeier was appointed by Governor Ron DeSantis last year and previously served as his chief of staff.
Florida AG Says Race-Based State Laws Are Unconstitutional and Will Not Be Enforced
Laws demanding race-based state action are unconstitutional, Florida AG declares
Florida Attorney General James Uthemeier issued a formal legal opinion declaring that state statutes that mandate or promote race-based classifications, preferences, or quotas are unconstitutional and will not be defended or enforced by his office.
Florida Attorney General James Uthmeier speaks at a campaign rally for former Virginia Republican gubernatorial candidate Winsome Earle-Sears on Oct. 29, 2025, in New Baltimore, Virginia.(Getty Images)
Uthemeier emphasized the constitutional basis for his position:
Florida Attorney General James Uthmeier on April 14, 2025.
"Racial discrimination is wrong. It is also unconstitutional. 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."
In the opinion, Uthemeier framed the central legal question as whether Florida laws that give racial preferences, use race-based classifications, or impose racial quotas can survive constitutional scrutiny. He answered decisively that such provisions are presumptively invalid and that his office has an obligation to uphold equal protection guarantees.
Florida Gov. Ron DeSantis speaks during a news conference in Fort Lauderdale on July 22, 2025.
What This Means
Under the opinion, the Attorney General's office will not defend or enforce state provisions that, on their face, require or authorize race-based state action. Uthemeier said enforcing those laws would violate both the U.S. Constitution and Florida's constitution.
The opinion was released on Monday as Americans observed the federal holiday honoring Martin Luther King Jr. Governor Ron DeSantis appointed Uthemeier to the attorney general post last year; Uthemeier previously served as DeSantis's chief of staff.
Legal Basis: The opinion cites the Equal Protection Clause of the Fourteenth Amendment and Article I, Section 2 of the Florida Constitution as the principal authorities for declaring race-based state action presumptively unconstitutional.
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