South Carolina – Gov. Henry McMaster has put South Carolina in the middle of a heated national debate about government decisions based on race. He did this by signing an executive order that says state agencies can’t think about race when giving out contracts or spending public money.
The order, which was signed on December 3, is one of the governor’s biggest efforts to change the criteria for procurement in South Carolina. It also fits in with a larger movement to get rid of government programs that utilize race as a determining factor.
The order directs every state department to follow the Equal Protection Clause by not taking race into account when making decisions about future contracts, budgets, and purchases. The directive is forward-looking and doesn’t change any current agreements.
However, it does go after two long-standing laws that set aside parts of state-controlled finances and transportation contracts for businesses owned by minorities. McMaster says that these laws are no longer constitutional because of recent U.S. Supreme Court decisions that have made it harder to deploy race-based programs and put severe restrictions on how they can be used.
The governor said that his decision was vital to move toward a “merit and value” system. He said that public money should be used without quotas or set-aside criteria. His office also pointed to an executive order from earlier this year by former President Donald Trump that told federal agencies to stop diversity, equity, and inclusion initiatives because they are based on unjust assumptions about how to deal with past discrimination.
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McMaster has ordered that all Executive Branch agencies must report any regulations or internal policies that allow race to be a factor in contracting by January 9, 2026. He pointed out that the purpose is to make sure everyone is treated the same under the law and that no new contracts may be signed unless they properly follow the Constitution. His move signals a strong desire to replace decades-old procurement practices with a uniform system that avoids race-conscious measures altogether.
“State government spending and procurements should be awarded based on merit and value to the taxpayer, not on set-asides or quotas,” McMaster said in a statement. “This order ensures that until South Carolina’s procurement process complies with the United States Constitution and treats every individual equally under the law, contracts will not be executed.”
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Top state lawmakers promptly backed the order. Senate President Thomas Alexander said the General Assembly said that it is the job of the General Assembly to fix laws that are no longer in line with the Constitution. He voiced confidence that his colleagues would work to repeal the targeted provisions when lawmakers return in January. House Speaker Murrell Smith echoed that message said the same thing, adding that the House started looking into these concerns during the last parliamentary session. He called race-based solutions “misguided” and stated that lawmakers plan to deal with the issue early next year.
The argument over McMaster’s order comes at a time when leaders in South Carolina are getting more involved in battles over national policy. Attorney General Alan Wilson recently joined 21 other states in challenging a Colorado school district’s policy that assigns overnight lodging based on gender identity. He has repeatedly called the state a defender of what he calls basic fairness in government and education.
Wilson said that girls shouldn’t have to share rooms with biological men in that situation, and he said that parents with traditional beliefs should be treated the same under the law. His involvement in gender-related policy conflicts is part of a larger pattern of Republican-led states fighting against laws they think go against clear legal principles.
State officials say they are trying to restore what they perceive as constitutional clarity in both the procurement issue and the Colorado lodging case. McMaster’s directive is focused on getting rid of race as a consideration in public contracts, while Wilson’s legal actions are all about getting rid of gender regulations that they argue don’t take biological differences into account. These acts show that South Carolina’s leaders are working together to change state policy to fit their view of equal protection, merit-based decision making, and traditional legal principles.
the governor’s directive sets the stage for a heated debate about how the state will deal with fairness, opportunity, and following federal rules. As lawmakers get ready to vote on repeal measures, agency heads evaluate their policies, and national legal battles go on at the same time, South Carolina is now at the center of a quickly changing discourse about how the government should define equality in practice.
