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Braun: Indiana requesting waiver from race, gender-conscious components in
federal program




Fox 59
David Gay
September 9, 2025


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INDIANAPOLIS – The state of Indiana is requesting a federal waiver, which
Indiana Gov. Mike Braun and Indiana Attorney General Todd Rokita say would end
discriminatory business practices imposed by the federal government.



According to a news release from Braun’s office, Indiana was the first state
to request a waiver from federal requirements to “implement race and
gender-conscious components” of the Disadvantaged Business Enterprise, or DBE,
program.



This waiver was requested by the Indiana Department of Transportation. The
release stated that if granted, the waiver would eliminate DBE goals based on
race, ethnicity or gender for federally assisted highway construction contracts
for three years.



“I am a firm believer in offering equal opportunity for all to compete and
succeed,” Braun said in the release. “If granted, this waiver will further
position Indiana as a state one would want to do business with and as a place
to grow your business.”



This comes after a recent federal lawsuit was filed involving an Indiana
subcontractor that alleges the DBE program unlawfully discriminates, the
release said.



Under the waiver, the release said that INDOT would focus “exclusively on the
availability of economically disadvantaged small businesses within specific
geographic and industry markets,” through a race- and gender-neutral strategy.



“Forcing INDOT to prioritize contractors based on race or gender is
unconstitutional and undermines fair competition,” Rokita said in the release.
“Granting the waiver INDOT is requesting is well within the Department of
Transportation’s authority and would be a critical step toward ensuring that
Indiana’s transportation projects are awarded based on merit, not arbitrary
classifications, and aligns with our constitutional duty to uphold equal
protection under the law.”



On Tuesday, Rokita announced that attorneys general from 17 states will be
joining the effort in support of the waiver, including:

* Alabama
* Kentucky
* Ohio
* Oklahoma
* Texas
The release said the waiver’s three-year period aligns with INDOT’s next
disparity study, which is expected to be completed in 2028. Officials said this
will be used to determine a new DBE goal based on economic criteria alone.



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