In 2021, the Biden administration created a loan forgiveness program that excluded white farmers. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al)
Washington (state) recently passed a law that gives low interest loans but bars applicants of certain races. (HB 1474)
How did Washington try to change this law to avoid being struck down? Presumably Washington legislators are aware of the previous ruling and have modified the new law accordingly.
- Reduction of loan principle v. loan interest?
- Federal law v. state law?
- Farm loans v. home loans?
They seem to be aware that there is likely to be a constitutional challenge, since Sec 14-15 specify what to do in the case when it is held unconstitutional (it disperses the money without regard to race).
EDIT: The law is explicit that it applies to anyone of a certain "race, national origin, or sex". The races, national origins, and sexes will be determined by a committee. Is there precedent for racial testing? Wygant v. Jackson Bd. of Educ and Coral Construction Co. v. King County (1991) limit historical arguments about past discrimination to discrimination by the government in the recent past. Covenants were private and ceased in 1968.
EDIT: Still haven't seen an answer that answers how this is consistent with Wygant v. Jackson Bd. of Educ and Coral Construction Co. v. King County (1991). Can the government impose race tests based on claims on non-governmental action in the distant past?