by Sami Gottsegen (PZ ’25)
On Thursday, March 10, the Florida State Senate passed HB 7/SB 148. Now on its way to the desk of Governor Ron DeSantis, the bill, dubbed the “Stop Wrongs to Our Kids and Employees (WOKE) Act,” is part of a series of attacks on critical race theory.
In an interview with the New York Times, Trip Gabriel simply defined critical race theory as “a lens or framework for examining how systemic racism is woven into American law and institutions, and how those systems perpetuate an uneven playing field for people of color.” Critical race theory emerged as a legal concept from Harvard Law School professor Derrick Bell in the 1970s and 1980s. It later developed into a movement in 1989 when Kimberlé Crenshaw, Neil Gotanda, and Stephanie Phillips coined the term “critical race theory” to describe the intersections between racism and the law. Now, conservative legislators have turned the academic concept into a rallying cry, politicized and distorted to bolster their partisan agenda.
Florida’s bill, the “Stop WOKE Act” aims to limit the “discomfort” that white people feel when issues like race, gender, and sexual orientation are discussed in public school and private business settings. The bill bans teaching that an individual, because of their “race, religion, ethnicity, or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.” Essentially, there would be no teaching about power imbalances or the privileged position white people hold in the United States. Oppressive policies regarding slavery, Jim Crow, segregation, and more could only be taught if racial motives are left out of the conversation. It also diffuses responsibility for past events and their systemic impacts, saying, “an individual, by virtue of his or her race or sex, does not bear responsibility for actions committed in the past by other members of the same race or sex.”
Like other anti-critical race theory bills, it would allow parents to sue school districts for teaching critical race theory or facilitating discussions that could make their white children uncomfortable. This bill, however, targets diversity, equity, and inclusion (DEI) training in workplaces as well as classroom discussions of United States history. It limits protected speech in workplaces with over 15 employees and permits employees to file discrimination claims if issues of race, gender, or sexuality are brought up in professional training. The “Stop WOKE Act” is one of the strongest bills of its kind, given the wide range of perceived infractions that permit individuals to sue school boards and businesses.
Florida’s is not the only such bill: it is representative of a larger phenomenon. In 2021 alone, legislators across the United States introduced more than sixty-six bills aiming to limit or ban critical race theory in some capacity. All these bills aim to scare educators away from teaching issues of race, gender, and sexuality, topics that are threatening to those in positions of privilege. New Hampshire passed SB 2 stating that “no K-12 student may be ‘taught, instructed, inculcated, or compelled to express belief in, or support for’ a set of ideas about race, sex, and other categories.” Missouri’s SB 645, requiring United States history to be taught with a generally positive tone, will be brought to vote this year. Many contain provisions that allow for parents, educators, and other constituents to sue if they feel that the bills have been violated, including Kentucky BR 69, Arkansas SB 12, and Pennsylvania HB 1532. In the case of Pennsylvania, the plaintiff can be any state resident, not necessarily affiliated with the school they are suing. It is nearly impossible to make an objective legal decision when the case concerns how ambiguous topics emotionally impact a child, which is what many of these bills would do. Therefore, their main goal is to instill fear and discourage nuanced conversations from taking place in classrooms and workspaces.
These bills protect the power and influence white families and professionals; however, they negatively impact students of color who are underrepresented and devalued in curricula. While opponents believe that the critical race theory framework rewrites history to fit a radical agenda; proponents believe it attempts to paint a more accurate picture of United States history and institutions. Many proponents of critical race theory argue that banning discussions of important issues is a form of censorship. Opponents, consisting primarily of Republicans, call themselves advocates of free speech; however, anti-critical race theory legislation across the United States goes to great lengths to limit open conversations. Open dialogue within classrooms encourages critical thinking and is a necessary part of a child’s education. Censoring educators by forcing them to withhold accurate information perpetuates ignorance and partisan division.
Race is not the only subject in danger of censorship, the “Stop WOKE Act” comes amidst a wave of anti-LGBTQ+ bills in the Florida legislature. Most notably, HB 1557, labeled by opponents as the “Don’t Say Gay” bill, was signed into law by Governor Ron DeSantis on March 28. The bill bans discussions of gender and sexuality in classrooms when deemed “age inappropriate.” While the “Don’t Say Gay” bill and the “Stop WOKE Act” were faced with strong opposition, they both gained notoriety and inspired legislators across the United States to take similar action. For example, Texas Governor Greg Abbott declared he will make a copycat “Don’t Say Gay” bill a top priority in Texas’ next legislative session. It is likely we will continue to see bills that target marginalized groups passed through state legislatures in the near future.
Anti-critical race theory and anti-LGBTQ+ bills lead to a skewed perception of current and historical events. These bills use issues of race, gender, and sexuality as political wedges with the goal of augmenting conservative influence. Contrary to what the bills claim, teachings in the United States have not been historically biased to favor LGBTQ+ and minority issues. Part of an ongoing trend of polarization, these bills intentionally exploit social issues to exacerbate political divisions. As similar bills continue to emerge, it will become all the more imperative to counter the spread of misinformation and fear-mongering tactics to protect the rights of marginalized people.
