Watchdog Sues Tennessee Governor Over ‘Unlawful Racial Quotas’ for Medical Board Appointments

Dr. Stanley Goldfarb, board chair of Do No Harm. Courtesy of Do No Harm

Do No Harm (DNH), an organization that monitors divisive ideologies infiltrating health care institutions, has filed a federal lawsuit regarding what it describes as “unlawful racial quotas” required by the Tennessee state government for medical board appointments.

The Tennessee Board of Podiatric Medical Examiners is required to have one of its members be nonwhite, which DNH states “has nothing to do with podiatry.”

“State medical boards are given important responsibilities to oversee the quality of care in their state and the safety of patients,” said Dr. Stanley Goldfarb, board chair of DNH. “It is crucial that they be the most qualified physicians available. Like all aspects of health care, patient safety and patient concerns should be primary, not the skin color or the racial makeup of any oversight committee.”

DNH is being represented by the Pacific Legal Foundation (PLF), an organization defending against government overreach and abuse of power.

“Tennessee law forces governor after governor to engage in racial discrimination when making appointments to state boards and commissions,” said Laura D’Agostino, an attorney with PLF. “Using race to make appointments to government boards is not only demeaning and unconstitutional, but it undermines the distinctive spirit of the Volunteer State by precluding opportunities for Tennesseans to serve their local communities.”

“As the ‘Volunteer State,’ Tennessee has a strong tradition of citizens offering their unique talents to serve in the military or government,” the lawsuit states. “While citizens may serve on a wide array of boards and commissions, an individual’s candidacy often depends on factors outside their control, like their age or race.”

The lawsuit calls this requirement “demeaning, patronizing, un-American, and unconstitutional.”

The lawsuit states that DNH has—among its more than 6,000 medical professionals, students, and policymakers— “one or more members” who are podiatrists in Tennessee.

One of the podiatrists with DNH would like to be considered for the board but would be excluded because of his race.

“It brings this lawsuit on behalf of itself and its members to ensure that every podiatrist in Tennessee has the equal right to serve on the Board, and to ensure that the people of Tennessee are regulated by a Board that is not selected on the basis of race,” the lawsuit states.

‘Public Service Denied’

The provision to Tennessee Code Section 8-1-111 that requires the governor of the state to appoint “a member of a racial minority” was established by the state Legislature in 1988.

“Throughout the legislative discussions, there was no mention of the governmental interest behind imposing a race-based classification for more than seventy Tennessee boards,” the lawsuit states. “The legislative record contains no discussion of racial discrimination, statistics, or any other alleged governmental interest that formed the basis for the ultimate bill that imposed a racial mandate for appointments to more than seventy Tennessee boards.”

The podiatric board comprises six members.

In June, two seats opened, and one of those openings must satisfy the racial mandate requirement, the lawsuit states.

The lawsuit says the requirement violates the Equal Protection Clause of the 14th Amendment and requests a permanent injunction prohibiting Gov. Lee from enforcing the requirement.

According to a PLF report titled “Public Service Denied: How Discriminatory Mandates Prevent Qualified Individuals from Serving on Public Boards,” there are up to 25 states that have race- or sex-based quotas for public board appointments.

PLF also discovered 63 boards in 14 states that enforced race or sex-based appointments.

“All 63 mandates include race, while 32 also incorporate sex,” the report stated. “Like the statewide mandates, most include language directing appointments to match the population of the state, a local area, or those served by the board. However, eight provisions go further and set a specific race quota. These quotas require one or more members to be of any racial minority, and in three instances, the minority must be black.”

The report told the story of several people who had been denied eligibility to serve on boards because of their race.

The mandates, the report states, are a threat to the rights of the individual and a violation of laws written to protect equality.

If they aren’t stopped, according to the report, it will only get worse.

“A vocal group of intellectuals and activists is increasingly asking legislators and governors to factor sex and race into government decision-making,“ the report reads. ”They argue that these aspects of identity fix one’s social status as privileged or oppressed. They advocate overt discrimination against individuals for the sake of group outcomes, viewing individual skin color, sex, and other group membership as more important than individual choices, character, and ability.”

The Epoch Times contacted the governor’s office for comment but received none by press time.