MONTGOMERY, Ala. — A federal judge has ordered further examination of a contentious legal battle surrounding a 1989 Alabama law which mandates minority representation on the state’s Real Estate Appraisers Board. The statute’s requirement that two out of nine board members be from minority racial groups was not defended by the Alabama governor’s office. However, the requirement for the board’s composition to mirror the state’s diverse demographic in terms of race, gender, and economic status continues to be litigated.
U.S. District Judge R. Austin Huffaker dismissed one part of the lawsuit—entering into a broader examination of the complaints laid out by the American Alliance for Equal Rights—presided by plaintiff Laura Clark, an attorney advocating for restrictive policies at the Autauga-Prattville Public Library. The Alliance, known for challenging race-based preferences, was founded by Edward Blum, a key figure in a recent Supreme Court case that ended race-conscious college admissions.
Clark’s eligibility issue arose when she was barred from joining the board, prompting the lawsuit which questions whether such requisite minority positions violate the Fourteenth Amendment’s equal protection clause or serve a legitimate governmental objective.
Joshua Thompson, representing the American Alliance with the Pacific Legal Foundation, criticized the approach of treating individuals as representatives of their races, claiming such practices are not only morally wrong but also unconstitutional. “Alabama seems to have not only this statute but other laws that require racial classification on public boards,” Thompson pointed out, signaling a targeted effort to challenge similar statutes nationwide.
The lawsuit has drawn intervention from the Alabama Association of Realated Real Estate Brokers, a group that defends the diversity requirements. Marcus Brown, chair of the Association, emphasized the historical significance of the diversity provisions given Alabama’s tumultuous background of racial discrimination in housing. “Discriminatory appraisals can undermine the principle of fairness in real estate, affecting everything from mortgage lending to household wealth,” Brown noted, underscoring the impact on minority homeownership rates.
While Gov. Kay Ivey’s office has refrained from defending the racial composition requirements of the board, it challenged the Alliance’s standing to question the inclusivity language of the statute. Judge Huffaker, in his opinion, noted the premature nature of the Alliance’s plea for a judgment on the pleadings, setting the stage for a more detailed discovery process.
The case also pulled comments from the broader legal and legislative community. The Association of Real Estate Brokers, along with Democracy Forward, a legal aid organization focused on promoting democratic values, argued in court that maintaining diversity on state boards is crucial for addressing and ameliorating long-standing inequalities in the housing market. Brooke Menschel of Democracy Forward highlighted the vital role of such laws in promoting inclusion and ensuring that communities of color are not left out of the opportunities to build prosperity that home ownership can provide.
State Senator Rodger Smitherman expressed optimism about retaining the current representation provisions, emphasizing the importance of these measures in fostering inclusive governance that reflects the community.
The ongoing litigation highlights a critical dialogue on the role of diversity mandates in governance and the rights to equal protection under the law, presenting a multifaceted challenge as Alabama grapples with its past and its path forward in ensuring equality and fairness in state-level decision-making processes. The outcome of this case could signal significant changes in how diversity policies are shaped and implemented across various state boards in Alabama and potentially other states.