Legislation Watch: The Right’s Attack on Critical Race Theory

GOP state lawmakers have introduced more than three dozen bills and resolutions that would ban critical race theory or other 'divisive concepts', and promote so-called 'patriotic education.'

Texas State Capitol in Austin, Texas. (Photo by Teddy Wilson)

Critical race theory, an academic framework for the analysis of the intersection of the legal system and systemic racism, is the latest right-wing rhetorical cudgel being used by Republican state lawmakers as a pretext for introducing legislative proposals that undermine the teaching of American history in public schools.

The attack on critical race theory is part of the Right’s backlash against the Black Lives Matter movement and the racial justice protests during the summer of 2020.

The Right rejects the premise that America was founded as a nation built on White Supremacy and racial subjugation. The Right also embraces the narrative that America has made significant progress at eliminating racism and racial inequality. America does not have a history of racism. Also, America has made significant progress ending racism.

These contradictory statements exemplify how the Right views racism: individual acts of prejudice, not institutionalized systems of oppression.

Background Reading

• The Right’s War on History and Truth By Ben Jealous [The Nation]

• Critical race theory, and Trump’s war on it, explained by Fabiola Cineas [Vox]

• Critical Race Theory Is a Convenient Target for Conservatives by Jason Johnson [Slate]

• Critical Race Theory Panic Is Everywhere—Just in Time for Juneteenth by Nathalie Baptiste [Mother Jones]

• What the moral panic about ‘critical race theory’ is about by Moira Donegan [The Guardian]

GOP state lawmakers have introduce at least 38 bills and resolutions in 18 states that would ban schools from teaching critical race theory, prohibit the inclusion of The New York Times’ 1619 Project in school curriculums, ban public funding of training that promotes “divisive concepts,” or promote so-called “patriotic education.”

There are 310 lawmakers who sponsored these bills, and 309 of those lawmakers are Republicans.¹

Four resolutions have been passed by state legislatures, four bills have been signed into law by governors,² ³ one bill became law without a governor’s signature⁴, and one bill was vetoed by a governor.⁵

Bills & Resolutions Targeting Critical Race Theory

• Arizona HB 2906 - Prohibits State Funding of Training That Presents Blame or Judgment on the Basis of Race or Ethnicity (Rep. Jake Hoffman)

• Arizona SB 627 - Prohibit The Propagation Of Divisive Concepts (Sen. Trent Garner)

• Arizona SB 1074 - Prohibits State Funding of Training That Presents Blame or Judgment on the Basis of Race or Ethnicity (Sen. David Livingston)

• Arizona SB 1532 - Prohibits Schools From Teaching Curriculum That Presents Blame or Judgment on the Basis of Race or Ethnicity (Sen. David Livingston)

• Arizona SB 1840 - Prohibits State Funding of Training That Presents Blame or Judgment on the Basis of Race or Ethnicity (Sen. David Livingston)

• Arkansas HB 1231 - Prohibit Teaching of The 1619 Project Curriculum (Rep. Mark Lowery)

• Idaho H 375 - Prohibit Certain Conduct and Educational Materials⁶

• Idaho H 377 - Dignity and Nondiscrimination in Public Education (Rep. Wendy Horman)

• Louisiana HSR 3 - Study the Use of Critical Race Theory in Education (Rep. Mark Wright)

• Michigan SB 460 - Prohibiting Use of Critical Race Theory (Sen. Lana Theis)

• Mississippi HR 87 - Condemning The Use Of Divisive Concepts And Theories (Rep. Chris Brown)

• Mississippi HCR 62 - Condemning The Use Of Divisive Concepts And Theories (Rep. Chris Brown)

• Mississippi SR 56 - The Promotion Of Race Or Sex Stereotyping Or Scapegoating (Sen. Angela Burks Hill)

• Mississippi SB 2538 - Prevent Funding to Teach The 1619 Project Curriculum (Sen. Angela Burks Hill)

• Missouri HB 53 - Creates the Governor's Patriotism Advisory Commission (Rep. Adam Schnelting)

• Missouri HB 952 - Prohibits the Use of the 1619 Project Initiative (Rep. Brian Seitz)

• Missouri SB 586 - Prohibits Teaching of Divisive Concepts (Sen. Rick Brattin)

• New Hampshire HB 544 - Prohibiting the Propagation of Divisive Concepts (Rep. Keith Ammon)

• North Dakota SCR 4011 - Supporting the Establishment of a 1776 Commission (Sen. Mike Dwyer)

• Ohio HB 327 - Prohibit Teaching, Advocating, or Promoting Divisive Concepts (Rep. Diane Grendell)

• Oklahoma HR 1038 - Discouraging Schools From Mandating Critical Race Theory (Rep. Sherrie Conley)

• Oklahoma SB 588 - Students' Bill of Rights (Sen. David Bullard)

• Oklahoma SB 614 - Rights to Students Enrolled in Certain Institutions (Sen. David Bullard)

• Oklahoma SB 803 - Prohibiting Public School From Teaching Certain Divisive Concepts (Sen. Shane Jett)

• Rhode Island HB 6070 - Prohibits Teaching of Divisive Concepts (Rep. Patricia Morgan)

• South Carolina HB 4325 - Critical Race Theory Instruction Prohibition (Rep. Steven Long)

• South Carolina HB 4343 - Academic Integrity Act (Rep. Bill Taylor)

• South Dakota HB 1158 - Prohibit Curricular Materials That Promote Racial Divisiveness (Rep. Phil Jensen)

• Tennessee HB 580 - stablishes Parameters for Teaching Concepts Related to Race and Sex (Rep. John Ragan)

• Tennessee SB 623 - Establishes Parameters for Teaching Concepts Related to Race and Sex (Sen. Mike Bell)

• Texas HB 3979 - Social Studies Curriculum in Public Schools (Rep. Steve Toth)

• Texas SB 2202 - Social Studies Curriculum in Public Schools (Sen. Charles Creighton)

• Texas SB 2497 - Establishment and Duties of the Texas 1836 Project (Rep. Tan Parker)

• Utah HR 901 - Resolution on Critical Race Theory in Public Education (Rep. Steve Christiansen)

• Utah SR 901 - Resolution on Critical Race Theory in Public Education (Sen. Lincoln Fillmore)

• West Virginia HB 2595 - Prohibiting State Funding of Divisive Concepts (Del. Riley Keaton)

• West Virginia SB 558 - Prohibiting State Funding of Divisive Concepts (Sen. Robert Karnes)

• West Virginia SB 618 - Prohibiting Teaching of Divisive Acts and Critical Race Theory (Sen. Mike Azinger)

1. North Dakota Sen. JoNell Bakke (D-Grand Forks) co-sponsored North Dakota SCR 4011.

2. Idaho H 377, Texas HB 3979, Texas SB 2497, Tennessee HB 580, and Tennessee SB 623

3. Tennessee HB 580 and SB 623 are companion bills both passed by the state legislature and signed into a single law by Gov. Bill Lee (R).

4. Arizona SB 627 became law without the signature of Gov. Doug Ducey (R)

5. Arizona SB 1074 was vetoed by Gov. Doug Ducey (R)

6. Idaho H 375 was introduced by a House committee without a sponsor