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Bill Targeting White Men Heads to Governor
A Virginia bill establishing race and gender quotas for state government contracts has passed the General Assembly along party lines and now sits on Democratic Gov. Abigail Spanberger’s desk . The legislation, known as HB61, directs state agencies to increase contracting with “small women-owned, small minority-owned, or small service disabled veteran-owned” (SWaM) businesses by 3% annually until reaching a 42% target .
The bill, sponsored by Del. Jeion Ward (D-Hampton), also creates a set-aside program for contracts between $10,000 and $200,000 that must be awarded to SWaM businesses—even when their bids are up to 5% higher than offers from non-certified businesses .
🎯 Legal Experts: ‘Clearly Intentional Discrimination’
Conservative legal experts warn the legislation is on shaky constitutional ground and will face immediate legal challenges if signed.
“Since reclaiming total control of state government, Virginia Democrats have shown their true colors as nothing short of radical ideologues,” said Kyle Brosnan, Oversight Project Vice President of Legal. “By setting race and sex quotas for 42% of the state discretionary spending on government contracts, Gov. Spanberger and her far-left enablers in Richmond are showing their true colors as radicals” .
Brosnan called the bill “clearly intentional discrimination against White men” .
Former federal prosecutor Zack Smith noted the Supreme Court’s 2023 ruling striking down race-based affirmative action in college admissions applies the same logic. “I think we saw the Supreme Court speak explicitly to this with its Harvard and UNC decisions banning the use of race in admissions,” Smith said. “I would certainly think the same logic would apply to this state law action as well” .
📋 Key Provisions of HB61
| Provision | Details |
|---|---|
| Annual Increase Requirement | 3% yearly until 42% SWaM contracting goal is reached |
| Set-Aside Contracts | $10,000–$200,000 reserved exclusively for SWaM businesses |
| Price Preference | SWaM bids can be up to 5% higher than non-SWaM offers |
| Subcontracting Mandates | Non-SWaM prime contractors must hit 50% SWaM subcontracting targets |
| Disparity Studies | Mandatory every five years to adjust racial and gender procurement goals |
The bill also requires every state agency to designate a “SWaM business procurement enhancement liaison” and submit annual plans detailing how they will increase SWaM spending .
⚖️ Constitutional Challenges Loom
In January, Assistant Attorney General for Civil Rights Harmeet Dhillon warned that such legislation would not survive judicial review. “This DEI is DOA. It is illegal and will not survive court challenge,” Dhillon posted on X .
The bill’s provision allowing state agencies to award contracts to higher-priced SWaM bids rather than lower-priced White male-owned competitors has drawn particular scrutiny. Critics note this effectively forces Virginia taxpayers to pay more for government projects solely to meet racial and gender quotas .
“The program could require the state, using taxpayer funds, to pay more for a project than it needs to,” Joe Lonsdale, co-founder of Palantir, noted, adding that such mandates “add anywhere from around 5% to 25% extra to the costs of government projects” .
🔮 What’s Next
Spanberger has not indicated whether she will sign the bill . If she does, legal challenges are expected to be filed in federal court arguing the legislation violates the 14th Amendment’s Equal Protection Clause. Given the Supreme Court’s recent hostility to race-based preferences, the bill faces an uphill battle .
