Led by Senator Darryl Rouson, the Florida Legislature’s Black Caucus held a press conference Thursday to admonish Attorney General James Uthmeier’s declaration that affirmative action laws and programs are unconstitutional. The caucus demanded that Governor Ron DeSantis remove Uthmeier as Attorney General, calling him “a direct threat to progress” who is “bringing us back to pre-integration.”
Tensions were further amplified by timing. Uthmeier released the declaration on Jan. 19, Martin Luther King Jr. Day. Citing the Fourteenth Amendment of the Florida Constitution, Uthmeir argues that DEI and affirmative action programs are inherently discriminatory and therefore unconstitutional.
The declaration sent a shock wave across Florida and was widely viewed as both inflammatory and insensitive given the date. Minority Leader Fentrice Driskoll said the move appeared designed to provoke. Its purpose, she said, was to trigger a “deliberately provocative” reaction.
Rouson pointed to what he called the irony of Uthmeir invoking the Fourteenth Amendment – which states it is “committed to treating citizens as individuals, not simply as components of racial, religious or sexual, or national class” – to justify dismantling laws that historically protected individuals from discrimination.
Expanding on that critique, Driskoll said Uthmeier is “framing constitutional protections as unconstitutional discrimination.”
While Uthmeier’s declaration is larded in dense legal language rather than the leaner phrase “merit-based” – often used to criticize Diversity, Equity and Inclusion (DEI) and affirmative action as “handouts” – the underlying message is familiar. Supporters of merit-based systems continue to characterize these programs as unearned advantages.
Others sharply disagreed. Representative Wallace Aristide rejected the framing outright, calling affirmative action an “opportunity,” not a handout. “Black children need more support than you could imagine,” Aristide bellowed from the podium. “Not less.”
Uthmeier’s position does not emerge in isolation. It follows and expands initiatives already underway under DeSantis, who has worked since May 2023 to dismantle DEI and affirmative action programs and other “woke ideology” through legislation barring public institutions from using state or federal funds for such efforts.
Still, the declaration expands the scope much further. Its scope includes scholarships, business opportunities, health equity initiatives, LGBTQ+ protections, educational programs, board representation and a range of long-standing, bipartisan civil rights and advancement programs now placed on the chopping block.
In response, Rouson proposed impact studies to evaluate the effectiveness of race-based programs before any effort to eliminate them wholesale.
Asked what the Black Caucus would do if Uthmeir’s declaration is ultimately enacted, Rouson turned to Biblical scripture, quoting Isaiah: “To us the son is given. His name is wonderful. Almighty God. King of kings, prince of peace, counselor. And on his shoulders rest governments.”
“You don’t have to worry about what the Black Caucus is going to do,” Rouson added. “But what God is going to do.”