An artistic interpretation of justice and equality in government roles.
Two women have filed a federal lawsuit against South Carolina Governor Henry McMaster, claiming racial discrimination in the selection process for the S.C. Commission of Minority Affairs. Sandy Chiong and Michelle Mitchum argue that their race was the reason for their exclusion from commission seats, despite their qualifications. The case highlights broader debates about racial quotas and preferences in government roles and seeks to prioritize individual merit instead.
In a bold move shaking up the South Carolina political landscape, two women are taking their grievances to federal court, putting Governor Henry McMaster in the hot seat. Sandy Chiong and Michelle Mitchum have filed a lawsuit, alleging that the current law governing the S.C. Commission of Minority Affairs is nothing short of racial discrimination. The women claim they were denied opportunities on the commission not because of their qualifications or abilities, but solely due to their race.
The lawsuit, filed in December, stems from frustrations that Chiong and Mitchum, who both expressed interest in commission seats, were sidelined in a system that aims to maintain an African-American majority. Chiong hails from Garden City Beach, while Mitchum calls Orangeburg home. Their contention lies in the notion that a 1993 state law—which was crafted to address historical inequities—might be unintentionally perpetuating modern-day injustices.
The pair argues that membership on the commission should focus on individual qualifications rather than racial backgrounds. They see this as a violation of the Fourteenth Amendment, which guarantees equal protection under the law. Furthermore, the lawsuit seeks to strike down the racial mandate entirely and is requesting a nominal damages award of $1, along with coverage for attorneys’ fees—a symbolic gesture reflecting their fight against perceived injustices.
Michelle Mitchum brings a wealth of experience to the table. As the chief of the Pine Hill Indian Tribe and with over two decades of involvement with the commission, she feels disheartened by the suggestion that her open seat could only be filled by someone from “the Asian community.” With vacancies remaining on the commission, she worries that it may struggle to reach a quorum, further complicating matters.
Sandy Chiong, the child of Cuban immigrants with Chinese roots, resides in the 7th congressional district, which currently has an empty seat. Chiong claims that she is perfectly capable and eligible for a role on the commission, yet finds herself unable to participate because of her race—a situation she condemns as unfair.
The situation surrounding the commission has not gone unnoticed. Back in 2018, the S.C. House Legislative Oversight Committee expressed a resounding “no confidence” in the commission, raising eyebrows and concerns over its effectiveness. The ongoing criticism has particularly focused on the law that seemingly prioritizes race over merit, potentially excluding capable individuals who could contribute positively to the mission of the commission.
This case is just a piece of a larger national conversation about diversity and representation in various institutions. Similar lawsuits across the country have questioned the validity of racial quotas and preferences in government and other organizations, aligning with the views of the conservative Pacific Legal Foundation, which is representing the plaintiffs.
As the lawsuit gains momentum, the Governor’s office, as well as the minority affairs agency, have chosen to remain tight-lipped. Yet the implications of this case could settle far beyond the borders of South Carolina, potentially influencing how minority representation is structured in various governmental bodies.
This unfolding story highlights the fragility of the balance between achieving diversity and ensuring everyone is given a fair shot at participation, regardless of race. As the case progresses, more attention will undoubtedly be focused on the commission’s ability to fulfill its role while navigating these pressing concerns about race and qualifications.
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