The racist Critical Race Theory taken to Court
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Now critical race theory is about to face a major real-world test: a spate of lawsuits alleging that it encourages discrimination and other illegal policies targeting whites, males and Christians. But unlike Trump’s executive order, which ran into First Amendment problems by prohibiting controversial speech, the lawsuits name specific policies and practices that allegedly discriminate, harass, blame and humiliate people based on their race.
The common thread of these legal challenges is the inescapable logic that making accommodations for critical race theory will erode the nation’s anti-discrimination law as it has developed since the 1960s. This would mean replacing the colorblind ideal of treating all people equally, which has been widely viewed as the crowning achievement of the civil rights movement, with a contrary strategy: implementing race-based policies, which can range from affirmative action to reparations for compensating African Americans for the injustices of the past and for producing equitable outcomes in the future.
“Critical race theory is a Trojan horse of sorts,” said David Pivtorak, a Los Angeles lawyer representing two white men who are suing two California state environment agencies. “It disguises itself as the gold standard of fairness and justice but, in fact, relies on vilification and the idea of permanent oppressor and oppressed races. Its goal is not ensuring that all people play by the same rules, regardless of race, but equity, which is a euphemism for race-based outcomes.”
About a dozen lawsuits and administrative complaints have been filed since 2018, with another wave planned this summer by conservative public interest law firms and private attorneys. Their goal is to draw attention to some of the more pronounced practices and win court judgments to slow down the spread of CRT in K-12 schools, government agencies other organizations.
A pair of lawsuits filed in 2019 by four white women against the New York City public school system allege that a diversity trainer told employees, “White colleagues must take a step back and yield to colleagues of color,” and that they should “recognize that values of White culture are supremacist.” The California suit filed last year by the two white men alleges that the state hosted a discussion series in 2020 in which speakers stated “that any disparate outcomes in society must be the result of white supremacy.”
A 2019 complaint filed by an Illinois public school teacher led to a finding that as part of a year-long course on equity and diversity, seventh- and eighth-graders participated in a white privilege awareness exercise that required them to remain “in silence” and with “eyes lowered” as they responded to a facilitator’s prompts. A 2020 lawsuit filed by a 12th-grade biracial student and his African American mother says that a civics class in a Nevada charter school taught that “reverse racism doesn’t exist” and that “people of color CANNOT be racist.”
Critical race theory scholars assured RealClearInvestigations that white people should never be fired, penalized or gratuitously humiliated for the historical accident of being born white. But organizations should be granted wide leeway in adopting diversity training and equity policies, they say, even if asking white people to acknowledge their unearned privilege and think about their complicity in white supremacy makes them feel singled out and induces anxiety.
“Part of being an employee or a public official or a school teacher requires you to appreciate your own standing – your identity and your positionality,” said Margaret Burnham, a law professor at Northeastern University and a former Massachusetts state judge, using CRT terms that describe racial and gender power hierarchies.
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CRT is racist garbage and those who push it discriminating because of race. It should become a hot-button political issue that puts Democrats who support this nonsense on the defensive and should lead to them losing their jobs if they do not stop this racism.
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