The Fight Against Critical Race Theory: Enacting Legislation to Absolve America’s Racist Past

A Brookings Institute report defines Critical Race Theory as a framework of analysis that declares U.S. social institutions, such as the criminal justice system, education system, labor market, housing market, and healthcare system, “are laced with racism embedded in laws, regulations, rules, and procedures that lead to differential outcomes by race.” Understanding Critical Race Theory is imperative, as misconceptions concerning this framework prompt disputes, and more severely, legislation that bans the teaching of Critical Race Theory and racism within the classroom. The fundamental misunderstanding of Critical Race Theory derives from Americans' difficulty separating their individual American identity from American social institutions, essentially identifying themselves as the system. Therefore, the recognition of institutional racism, prevalent within all social institutions, becomes viewed as a threat by those unable to discern their individual identities from institutions. Those who support Critical Race Theory (CRT) are not claiming that contemporary white families across America are to blame for the nation's extensive racist history. Rather, this theory demands that white Americans acknowledge the impact of racism in the United States. Those who support the legislation prohibiting the teaching of CRT classrooms tend to embrace a “color-blind” ideology, a theory which states that “the best way to end discrimination is by treating individuals as equally as possible, without regard to race, culture, or ethnicity.” However, this "colorblindness" encourages and necessitates one’s intentional ignorance of “racial disparities, inequities” and the persistent trauma imposed onto people of color ensuing from America’s extensive violent, racist history. Disregarding the significance of race on an individual’s life and potential for success enables privileged passivity and the continuation of racist structures and systems.

To understand the gravity and prevalence of efforts to prevent the instruction of CRT in American classrooms, I will introduce and analyze “anti-CRT state legislation.” Last June, NBC News reported that “anti-CRT” legislation was proposed in 22 states and enacted in five. By August 2021, anti-CRT legislation was further adopted by three more states equaling eight in total. Revealed in The Brookings’ piece, support for these bills derives from individuals who fundamentally misunderstand what Critical Race Theory seeks to address, and also displeased parents, anxious about their children “learning things in school they do not have the capacity to address.” For example, composing criticisms such as “critical race theory aims to make kids feel bad” fabricates this “necessary” policy response to protect children. Therefore, anti-CRT legislation becomes widely desired since all parents want to protect their child’s feelings.

Over the last year, conservative interest groups have tirelessly lobbied state legislatures to criminalize teaching about race and racism in schools. Nine states have successfully passed anti-CRT legislation, and over nineteen state legislatures have introduced anti-CRT bills since November 21, 2021. Tennessee House Bill 580 prohibits public schools from teaching about race and white privilege, stating, “[a]n individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously.” Further, this legislation stipulates that “This state or the United States is fundamentally or irredeemably racist or sexist.” Thus, removing the potentiality for engaging in critical discourse condemning and examining America’s historical and still-ever present racist ideology. Anti-CRT legislation is not only being pursued by Southern, Republican states. Presently, current legislation in New Hampshire, House Bill 2, proscribes teaching certain concepts concerning race in public schools and the Government Agencies Training Programs.

Further, this issue is multifaceted as federal, state, and local levels are pursuing legislation, insinuating that this threat is unable to be hindered by only state-level efforts and legislation. Presently, federal Anti-CRT legislation is being enacted, such as “The Saving History Act of 2021,” which seeks to penalize schools that teach about the 1619 project. The “Stop CRT Act” also pressurizes institutions against instruction and promotes “race-based theories” by withholding federal funding. This push for criminalizing teaching about race and acknowledging America's racist history has been described as a Republican Party “assault” and weaponization to “manufacture a culture war that recasts antiracism as the new racism.” That being said, the sheer number of states taking part in criminalizing the instruction, discourse, and acknowledgment of America’s racist origins insinuates that this is not a Republican problem, or a democratic problem, but rather a systemic problem about a tendency to forget or remove ourselves from a violent history, with horrifying future implications.

In closing, failing to acknowledge the prevalence of racism and systemic racism today will enable the perpetuation of systems and structures that disproportionately disadvantage people of color. Furthermore, a failure to curtail these acts of censorship that deny students access to this information will result in a sizable loss in knowledge and curriculum, with unforeseeable consequences.

Haley Joyce is a Junior concentrating in International Public Affairs focusing on Policy and Sociology at Brown University. She is a Staff Writer for the BULR Blog and can be reached at Haley_Joyce@brown.edu