Respect for our Constitution is in the gutter. But not everyone has given up.
And now a Republican Senator schooled a Democrat governor for signing this unconstitutional law.
Senator Lee Calls Out Washington’s Unconstitutional Loan Program
Utah Senator Mike Lee, a steadfast defender of constitutional principles, has sharply criticized a new Washington state law signed by Democrat Governor Bob Ferguson that prioritizes “black, indigenous, and people of color” for forgivable homeownership loans.
Labeling the measure “lawlessness,” Lee took to X to declare, “The Fourteenth Amendment’s Equal Protection Clause prohibits this. It’s not even a close question. This is lawlessness.”
His incisive critique underscores the bill’s violation of equal protection, spotlighting a troubling trend in progressive policies that favor race-based preferences over fairness.
House Bill 1696, an amendment to the 2023 Covenant Homeownership Program, expands eligibility for down payment and closing cost assistance while offering loan forgiveness for low-income, first-time homebuyers who are descendants of pre-1968 Washington residents impacted by historical redlining.
Lee’s condemnation highlights the bill’s discriminatory framework, which he argues flouts the Constitution’s guarantee of equal treatment under the law.
Washington’s Race-Based Policy Sparks Controversy
The Covenant Homeownership Program, launched by Washington Democrats in 2023, was billed as a remedy for “historically marginalized communities” affected by pre-1968 real estate discrimination, as noted by Julie Barrett of Conservative Ladies of America. “The state contracted with a commission to administer the program to determine how the funds were going to be used and how they were going to be disbursed,” Barrett explained.
HB 1696 tweaks the program by raising the income eligibility threshold to 120% of the area median income (AMI) and allowing full loan forgiveness after five years for those at 80% or below AMI, provided they are descendants of residents adversely affected before the Fair Housing Act of 1968.
Bill sponsor Rep. Jamila Taylor defended the measure, stating, “Homeownership is a gateway to building generational wealth, and it was largely closed to Black Americans and people of color for most of our country’s history. Buying a home is tough right now. Bringing more diversity into the pool of homeownership builds stronger communities and is another solution in solving the current housing crisis in our state.” When pressed on whether applicants needed to prove personal harm from racially restrictive covenants, Taylor responded, “What do you mean affected? If the person was a resident in the state prior to 1968 they were affected because they were part of a racial class.”
Ferguson’s Signing Ignites Constitutional Debate
Governor Ferguson, in signing HB 1696, framed it as a step toward equity: “Washington state’s covenant homeownership program provides down payment and closing cost assistance for low income, first-time home buyers. Lawmakers create a program to address the disproportionate impacts of racial redlining in Washington state.
House Bill 1696 modifies the program by adjusting the area median income threshold for program eligibility, introducing loan forgiveness and modifying the oversight committee membership. This modification will create more opportunities to close the racial home ownership gap, which is a very important goal for all of us here in Washington state.
We so appreciate everybody who made this legislation possible. Like every legislation it’s challenging; this one has its share of challenges, as we know … I’m pleased to sign this legislation into law.”
Yet, Senator Lee’s forceful rebuke cuts through the rhetoric, exposing the bill’s legal vulnerabilities. By prioritizing certain racial groups, the program risks running afoul of the Fourteenth Amendment, a point Lee, a constitutional scholar, argues is indisputable.
His stand amplifies a growing call for policies that unite rather than divide, reinforcing his reputation as a principled voice against government overreach and discriminatory practices.
