Virginia's SWaM Business Bill Constitutes Illegal Racial and Gender Discrimination
Source: Breccan F. Thies. "VA Passes Bill Requiring State To Discriminate Against White Men." March 9, 2026. thefederalist.com
The Gist
Virginia passed a law that reserves most small government contracts for businesses owned by women, minorities, or disabled veterans, effectively blocking white male-owned businesses from competing. The author argues this is illegal discrimination that violates equal treatment principles.
Conclusion
Virginia's SWaM Business Procurement Enhancement Program is discriminatory legislation that illegally excludes white male-owned businesses from government contracts based solely on race and gender
Premises
- The bill sets aside contracts between $10,000-$200,000 exclusively for women-owned, minority-owned, or service-disabled veteran-owned businesses
- The legislation removes previous provisions that allowed white male-owned businesses to compete when fewer than two SWaM businesses were available or when bids weren't fair and reasonable
- Approximately 80% of Virginia government procurement purchases fall at or below the $100,000 threshold, meaning the expanded $200,000 limit affects the vast majority of contracts
- The bill allows agencies to pay up to 5% more for contracts to adhere to DEI ideology, meaning competitive white male-owned businesses can be rejected despite better offers
- The bill contains contradictory language that prohibits discrimination while simultaneously mandating it based on race and gender
Assumptions
- Racial and gender-based preferences in government contracting constitute discrimination
- Equal treatment under the law requires that business owners not be excluded based on immutable characteristics
- Competitive bidding should be based on merit and price rather than demographic characteristics
- Legal disclaimers cannot override the substantive discriminatory effects of legislation