Tennessee bans public schools from teaching critical race theory amid national debate

Natalie Allison
Nashville Tennessean

The Tennessee General Assembly has banned the teaching of critical race theory, passing a law at the very end of the legislative session to withhold funding from public schools that teach about white privilege.

Republicans in the House made the legislation a last-minute priority, introducing provisions that ban schools from instructing students that one race bears responsibility for the past actions against another, that the United States is fundamentally racist or that a person is inherently privileged or oppressive due to their race.

Similar proposals surfaced in other states this year, including one in Idaho that has been signed into law by the governor. Texas Republicans are also pushing a proposal to ban CRT in schools.

The Tennessee House of Representatives convene at the end of the legislative session in the Tennessee House of Representatives in Nashville, Tenn., on Wednesday, May 5, 2021.

Critical race theory teaches that racism is ingrained in U.S. institutions and that people who are white benefit from it. The concept and whether schools, churches and other corporations should subscribe to it has been a source of controversy within institutions for several years, but has received heightened attention in recent months.

Since the House and Senate versions had differences, the legislation went to a conference committee Wednesday. That's where Sen. Brian Kelsey, R-Germantown, proposed multiple additions, including forbidding teaching students that "the rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups."

"That is the very definition of critical race theory," Kelsey said after reading the line aloud. "I was subject to this teaching 20 years ago in law school and know it very well, and that is the very definition of it."

RELATED:Tennessee Republicans want to withhold funding from schools teaching critical race theory

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The bill prompted a lengthy, spirited debate on the Senate floor, where the chamber's three Black women each spoke out against the legislation.

Senate Democratic Caucus Chairwoman Raumesh Akbari, D-Memphis, argued the bill promotes revisionist history, while Sen. Katrina Robinson, another Memphis Democrat, told her colleagues she was "deeply and profoundly offended" by it.

Robinson noted how her legislation to require Black history instruction in fifth and eighth grades had been killed for the year.

"And now we see why," Robinson said.

One Republican member, Sen. Page Walley of Bolivar, voted against the measure. He spoke from the floor, acknowledging the large number of African American people in his district and the need to ensure everyone's stories are told.

Unclear were CRT is being taught in Tennessee

Proponents of the legislation have not cited any examples from specific schools where critical race theory or similar instruction is being taught. They have cited an anecdote involving an anonymous 7-year-old whose mother said the child came home from school asking if she was a racist.

G.A. Hardaway and members of the Black Caucus present a resolution to honor Rev. William Barber at the end of the legislative session in the Tennessee House of Representatives in Nashville, Tenn., on Wednesday, May 5, 2021. The resolution failed after members of the house.

A similar version of the story has circulated online among conservative social networks in Tennessee in recent weeks.

The Tennessee Department of Education does not have a position on the legislation, a spokesperson said Tuesday. They're also unaware of any schools where the themes outlined in the bill are being taught, nor have they received complaints about it.

Rep. Yusuf Hakeem, D-Chattanooga, during the conference committee asked Kelsey "exactly where" it's being taught.

Kelsey did not cite any schools or districts providing critical race theory instruction, but instead pointed to The New York Times' 1619 Project — literature that CRT opponents across the country have cautioned against. The project's name comes from the year African slaves first arrived in what is now the United States. 

Sen. Brenda Gilmore, D-Nashville, said she and Hakeem believe the provisions "rob" teachers of their ability to teach "true history."

"Contrary to what some people may think, being an African American, I do not cast blame, but I think we do have to admit that slavery did occur," Gilmore said. "It was a dark period in our history. We have to acknowledge the wrongs of our society even when it’s a difficult conversation to have.

"And as a result of slavery, in 2021, racism still does exist."

Gilmore and Hakeem were the sole Democrats and Black members on the conference committee. 

In addition to instructing the state education commissioner to withhold funding from schools found to be teaching components of critical race theory, the legislation would likely prevent Tennessee schools from being able to accept new federal grants to teach on racism and inequality.

RELATED:GOP lawmaker in Tennessee: Three-Fifths Compromise was to end slavery

During a House floor debate on the bill Tuesday, Rep. Justin Lafferty, R-Knoxville, made remarks about how various aspects of history are currently being taught in schools, including the Three-Fifths Compromise, an early part of the U.S. Constitution that determined three-fifths of a state’s slave population could be counted toward its representation in Congress and in tax apportionment. 

Lafferty seemed to defend the compromise, saying it was enacted "for the purpose of ending slavery," and suggested people in the country should be less divisive. He drew applause from Republicans after his speech. The Black Caucus condemned his comments later in the day.

The 14th Amendment, adopted after the Civil War, abolished the Three-Fifths Compromise. After Tuesday's debate, Lafferty declined comment. 

The rest of the amendment, filed as an amendment in the House earlier this week by Rep. John Ragan, R-Oak Ridge, prohibits public or charter schools from teaching that:

  • One race or sex is superior;
  • Any individuals are "inherently privileged, racist, sexist, or oppressive" because of their race or sex;
  • A person should receive adverse treatment due to their race or sex;
  • Their moral character is determined by race or sex;
  • A person bears responsibility for past actions by other members of their race or sex;
  • A person should feel discomfort or other psychological distress because of their race or sex;
  • A meritocracy is racist or sexist or designed to oppress members of another race or sex;
  • The United States is fundamentally racist or sexist;
  • Promoting the violent overthrow of the U.S. government;
  • Promoting division or resentment between race, sex, religion, creed nonviolent political affiliation or class; 
  • Ascribing character traits, values, moral codes, privileges or beliefs to a race;
  • The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
  • Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or
  • Governments should deny to any person within the government's jurisdiction the equal protection of the law.

Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.

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