While driving home from errands on a balmy autumn day in mid-October I tuned into the middle of an NPR radio segment on Critical Race Theory (CRT) and why it’s under attack in schools. When I pulled into my carport I googled the term to find that Critical Race Theory is under attack. Might I add that under attack means the left and right are at odds. I realized a few hours later when I mentioned Critical Race Theory to an educated and trusted person in my life, like most people, he did not know what it was. I had heard the term but admit I was not sure what it meant. But I knew it was important. And as if the clairvoyant in me had a sense all along about what was brewing in the winds the floodgates opened with news out of Texas about CRT and the Holocaust. So I decided to shine a light on what CRT is and how it’s yet another “thing” that is being politicized and, now that it is, why it should matter.
So what is Critical Race Theory? It’s seeds were not sprouted from the halls of Congress. Rather the term was coined in the halls of academia by Kimberlé Williams Crenshaw a law professor from UCLA and Columbia Schools of Law. It makes sense to me that CRT was spawned from legal pedagogy. Law and human nature are two sides of the same coin.
CRT feels grounded in human nature.
Critical Race Theorists reject the philosophy of “colorblindness.” A color blind society is that perfect world where the color of one’s skin or one’s religion does not impair opportunity, treatment, or unconscious bias. Critical Race Theorists believe that this perfect world does not exist at least in this country.
CRT theorists “understand race as a creation of society more than a biological reality”. Someone’s race then becomes a verb rather than a noun. A noun would simply be descriptive rather than determinative. Determination has consequences.
One professor, Professor Matsuda, thinks CRT can be a map for change.
I agree. How else can we change as a society unless we call each other out for our “defects of nature” in how we treat and regard those humans we regard as different from ourselves? Then without shame accept the shared humanity in each other. Individual and collective trauma and experience become the building blocks to appreciating that at any time any of us can become the “other” either individually or as a group.
One might ask if colorblindness is possible. Are there pure “colorblind” people as if we lived in the dystopian society of “Sameness”characterized in The Giver? Or does every person come with some underlying bias by virtue of just being human?
Many sociologists argue that ideologies claiming not to see race risk ignoring discrimination.
There is logic there. “Admit what you can’t deny and deny what you can’t admit.” We all have said “it”, we all know people who have said “it”, we will deny to the core we are racist. The “it” being the word colorblind as in “I am”.
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So discrimination goes on covertly.
With that as a backdrop why has Critical Race Theory become a “thing” in the news? CRT which “examines the impact of systemic racism on institutions and laws” and up until now lived within the confines of high ranking academia is now being blamed for replacing traditional K-12 history and social studies. Those doing the blaming are social conservatives and the right-leaning media. But it is not that simple a case.
The issue rather is the ethnic studies curriculums which focus on the societal impacts of racism and bigotry, and the contributions of people from marginalized communities that are the targets of these critics who wish to wipe the slate clean of any wrongdoing to anyone as if that will make it go away, make it better, and level the playing field going forward. And so arguments for and against CRT have crept into school districts across America at a time when schools have become more diverse than any generation before.
The issue is there are people unwilling to acknowledge our country’s racist history and how it impacts the present. And what better way not to acknowledge our racist history than to not teach it. Opponents of CRT fear that all white people will be chastised as the great oppressors while all black people will be seen as the hopeless victims.
Critical Race Theory is not holding white people as individuals or groups responsible for racism. Rather racism is embedded in the fabric of our social institutions therefore creating dissimilar outcomes by race.
When it comes to education – a social institution – scholars who study CRT look at how policies and practices in education contribute to “persistent racial inequalities”and look for ways to change them.
White people are inherently privileged and the United States was founded on racism. Owning slaves is racist. Buying and selling black human beings is racist. Segregation is racist. Black people sitting in the back of a bus is racist. But that is too much for some school districts and states to cope with and so CRT has been banned. What does banning CRT look like?
How do you end racism when you can’t teach it? How do you teach empathy and compassion when you can’t give examples of trauma? How do you prevent history repeating itself when you are prevented from teaching the atrocities that befall people. Which brings me to the Holocaust and CRT.
In one Texas school district this past week teachers were instructed to provide students with “opposing” views of the Holocaust. There is no opposing view or other side to the horror of incinerating six million Jews. There is no excuse for it and at a time when Anti-Semitism is raising its ugly head in a more pronounced way with anti-Semitic incidents on the rise it is disturbing to think that an opposing view could alter the facts.
Of course the Superintendent of Schools apologized profusely and tried to walk back the administrator’s comments by saying, “During the conversations with teachers during last week’s meeting, the comments made were in no way to convey that the Holocaust was anything less than a terrible event in history.” At least a terrible event! I can rattle off several terrible events. And these terrible events have to be taught so they are not repeated. Our history of slavery has to be taught. The Triangular Trade has to be taught because of its inhumane treatment. Native Americans were subjected to violence and genocide. That must be taught, also.
The Holocaust needs to be taught for what it was: the systematic, state-sponsored persecution of six million Jews by the Nazi Regime. There is no sugar coating it. There is tiptoeing around it to preserve anyone’s feelings. Genocide cannot happen to Jews or any group of people by any other group or regime.
However there are Jewish thought leaders who do oppose CRT, believe that the facts can and should be taught, and that there can still be an atmosphere of free expression but also quash claims that are “stupid and hateful”. In a world that does not value facts I think that may be a tall order.
One Jewish educator who is taking the human nature approach to teaching the Holocaust is cautioning against anti-CRT laws. He explains that facts without context don’t tell the whole story. How can one understand anything in history without contextualizing it? How do you learn from history’s mistakes without contextualizing the facts? Context is the frame around the event – it’s not an opposing view – rather it shines a light on the event and provides a resource for appropriate interpretation.
If legislation continues to ban CRT in schools our country will find itself on the slippery slope of censorship. Former President Trump spoke against CRT during his administration as did many Republicans. In August 2021 the Association of American Law Schools came out in defense of Critical Race Theory with a public statement and “the rights of educators to decide if and how it should be taught”.
This was not the first time a force of law schools joined together to stand in support of CRT. Last year the Office of Management and Budget “banned Critical Race Theory training within the federal government, at Trump’s behest”. Five law schools within the University of California system joined together and put out a public statement.
“We cannot stand silent in the face of the OMB’s absurd claim that critical race theory is ‘contrary to all we stand for as Americans and should have no place in the federal government,’” the UC law deans wrote in a public statement at the time. “CRT is most assuredly not contrary to what we stand for.”
The murder of George Floyd and the Black Lives Matter movement shined a light on Critical Race Theory and brought it into the mainstream. But the light that it’s shining is darkening the mood of the country and setting a “dangerous precedent” by allowing the government to decide how we think about race and racism.
“Laws that ban the teaching of critical race theory in schools are setting a “dangerous precedent” by turning the government into an arbiter of ideas, according to the nation’s largest organization of legal educators.”
Are we on a road to dystopia? Are we on the road to an infringement of our First and Fourteenth amendments and will this now play out in the courts? It’s beginning. A coalition of civil rights groups backed by the American Civil Liberties Union and the Lawyers’ Committee for Civil Rights Under Law sued the state of Oklahoma on October 19, 2021 “over a law limiting instruction about race and gender in public schools”. The suit argues “that HB 1775, which took effect in May, violates students’ and teachers’ free speech rights and denies people of color, LGBTQ students and girls the chance to learn their history”.
The lawsuit is asking a federal judge for an immediate halt to enforcement of the ban.
“HB 1775 is a direct affront to the constitutional rights of teachers and students across Oklahoma by restricting conversations around race and gender at all levels of education,” said Megan Lambert, the legal director of the ACLU of Oklahoma.
Is this the world we want to live in? As a Jew and a woman I am sickened. Not just for people of color but for those of my own “nation race” and gender. The world must never forget the Holocaust. There are just a handful of Holocaust survivors alive today. What happens when they are gone? What happens if the Holocaust can’t be taught and Anti-Semitism lives on? And now with Roe v Wade on the chopping block? We are spinning backwards in a time machine.
What lives in the dark festers in the dark. People fear the other and become racist when they don’t feel their shared humanity. As a society we must call out microaggressions and inequalities woven into the fabric of our social order. Our history is not meant to shame, it’s meant to learn from. We learn from the error of our ways but only if we know what they are. If we can’t, if we are banned then we are living in dystopia. Do we want to live in a world that we read about in Dystopian novels? I don’t.
Banning is one giant step in the wrong direction. Unless we understand what’s broken within the system and how we got there, how can we improve upon the collective self awareness to minimize the inequalities and become more attuned to the microaggression and dismantle the structural racism that is embedded within our culture?
Banning turns us into robots. It robs us of self-reflection. It does not rid us of the problem. It does not lift the darkness. It propels us further into fear and hate.
Banning CRT stalls the mechanism of an examination of ingrained systemic racism in the skeleton of the nation and “law’s transformative role in establishing rights and privileges through legal reform”.
Until we face the worst of ourselves we will never become the best of ourselves or even hope to.
Author: Sherri Margolin (Dark Matters)