Critical Race Theory

 FROM THE AMERICAN BAR ASSOCIATION...  Part 1 of 2

In September 2020, President Trump issued an executive order excluding from federal contracts any diversity and inclusion training interpreted as containing “Divisive Concepts,” “Race or Sex Stereotyping,” and “Race or Sex Scapegoating.” Among the content considered “divisive” is Critical Race Theory (CRT). In response, the African American Policy Forum, led by legal scholar Kimberlé Crenshaw, launched the #TruthBeTold campaign to expose the harm that the order poses. Reports indicate that over 300 diversity and inclusion trainings have been canceled as a result of the order. And over 120 civil rights organizations and allies signed a letter condemning the executive order. The NAACP Legal Defense and Educational Fund, Inc. (LDF), the National Urban League (NUL), and the National Fair Housing Alliance filed a federal lawsuit alleging that the executive order violates the guarantees of free speech, equal protection, and due process. So, exactly what is CRT, why is it under attack, and what does it mean for the civil rights lawyer?

CRT is not a diversity and inclusion “training” but a practice of interrogating the role of race and racism in society that emerged in the legal academy and spread to other fields of scholarship. Crenshaw—who coined the term “CRT”—notes that CRT is not a noun, but a verb. It cannot be confined to a static and narrow definition but is considered to be an evolving and malleable practice. It critiques how the social construction of race and institutionalized racism perpetuate a racial caste system that relegates people of color to the bottom tiers. CRT also recognizes that race intersects with other identities, including sexuality, gender identity, and others. CRT recognizes that racism is not a bygone relic of the past. Instead, it acknowledges that the legacy of slavery, segregation, and the imposition of second-class citizenship on Black Americans and other people of color continue to permeate the social fabric of this nation.