Critical Race Theory

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

Principles of the CRT Practice

While recognizing the evolving and malleable nature of CRT, scholar Khiara Bridges outlines a few key tenets of CRT, including:

• Recognition that race is not biologically real but is socially constructed and socially significant. It recognizes that science (as demonstrated in the Human Genome Project) refutes the idea of biological racial differences. According to scholars Richard Delgado and Jean Stefancic, race is the product of social thought and is not connected to biological reality.
• Acknowledgement that racism is a normal feature of society and is embedded within systems and institutions, like the legal system, that replicate racial inequality. This dismisses the idea that racist incidents are aberrations but instead are manifestations of structural and systemic racism.
• Rejection of popular understandings about racism, such as arguments that confine racism to a few “bad apples.” CRT recognizes that racism is codified in law, embedded in structures, and woven into public policy. CRT rejects claims of meritocracy or “colorblindness.” CRT recognizes that it is the systemic nature of racism that bears primary responsibility for reproducing racial inequality.
• Recognition of the relevance of people’s everyday lives to scholarship. This includes embracing the lived experiences of people of color, including those preserved through storytelling, and rejecting deficit-informed research that excludes the epistemologies of people of color.  TO READ MORE, CLICK HERE...

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.