Crown Acts

Jadda A. Aquino

C.R.O.W.N Acts: are legislative reforms focused on ensuring “protection against discrimination based on race-based hairstyles by extending statutory protection to hair texture and protective styles such as braids, locs, twists, and knots in the workplace and public schools” (thecrownact.com)

“C.R.O.W.N” stands for “Creating a Respectful and Open World for Natural Hair”.  California State Senator Holly J. Mitchell drafted and sponsored the first bill (SB 188) which successfully passed both chambers (6/27/19) and was signed into law by Governor Newsom (7/3/19).  The legislation extended the protection granted under the California Education Code (CEC) and the California Fair Employment and Housing Act (FEHA).

Dove, the CROWN Coalition, and Senator Mitchell joined together to ensure the passage of the ACT and continue to work on enacting C.R.O.W.N Acts in other States and at the Federal level.

Joining California in passing the C.R.O.W.N Act are New York, New Jersey, Massachusetts, Maryland, Virginia, Colorado, Washington, Connecticut, Delaware, New Mexico, Nevada, Nebraska, Oregon, Illinois, Maine, and Tennessee.  In 2020 the US House of Representatives passed their version.  It failed to pass in the Senate and was reintroduced and again passed by the House in 2022 (Stracqualursi, 2022).  As of 2/2024, it is still pending in the Senate where it has been read twice and referred to the Committee on the Judiciary (congress.gov).

Physical features and hair have historically been used as proxies for race and used to skirt discrimination laws, erase culture, and impose compliance with Eurocentric norms (Han, 2008; Nasheed, 2019).  The Tignon Law of the 1700s was one of the first in America that forced people of color, especially women, to either cover their hair or conform to the status quo (Nasheed, 2019). Even before that, individuals who were captured and enslaved had their hair shaved as part of the process to eradicate their sense of culture and identity (Blackthen, 2023).  Many female slaves had to not only keep their hair short but their heads covered as a sign of their slave status.  The Tignon Laws forced both free and enslaved women to cover their heads or conform to the approved norm.  These laws and policies labeled many of the natural and cultural hairstyles as immoral and improper.

In 1976 Beverly Jenkins sued her employer for racial discrimination over her Afro (Jenkins v Blue Cross Mutual Hospital Insurance) and won.  The USSC determined that Afros were protected under Title VII of the Civil Rights Act (Nasheed 2018, 2019).  However, other hairstyles have had little progress in the courts as they are often seen as choices and capable of change.  Often failing to see the historical and cultural importance of the styles.  Today many schools and employment policies continue these views.  Students across the country from ages 4+ have run afoul of these policies forcing them to be suspended or removed from schools, and sports teams.  Some like Andrew Johnson were forced to cut their hair on the sideline of his wrestling match or be forced to forfeit (Wamsley, 2018).  Others have been sent to alternative schools or unable to attend proms and graduations (Han, 2008).  Parents have sued schools over these practices, some like Ida Nelson successfully (Sabino, 2021).  The C.R.O.W.N. Acts are geared at eliminating these discriminatory processes and policies.

As of February 2024, these states have enacted versions of the CROWN Act: California, New York, New Jersey, Massachusetts, Maryland, Virginia, Colorado, Washington, Connecticut, Delaware, New Mexico, Nevada, Nebraska, Oregon, Illinois, Maine, and Tennessee.

The official website: https://www.thecrownact.com

 

 

Blackthen. (2023, April 5). You can’t take our crowns: The impact of slavery on Black Women’s hair. Black Then. https://blackthen.com/you-cant-take-our-crowns-the-impact-of-slavery-on-black-womens-hair/

Congress.gov. (n.d.). S.888 – 117th Congress (2021-2022): Crown Act of 2021 | congress.gov … US Congress. https://www.congress.gov/bill/117th-congress/senate-bill/888

Han, Y. (n.d.). Massachusetts became the 18th state to outlaw black hair discrimination. here’s The tangled history of the crown act. Business Insider. https://www.businessinsider.com/crown-act-black-hair-discrimination-mya-deanna-cook-2022-8

Nasheed, J. (2018, April 10). When black women were required by law to cover their hair. VICE. https://www.vice.com/en/article/j5abvx/black-womens-hair-illegal-tignon-laws-new-orleans-louisiana

Nasheed, J. (2019, August 9). Black hair has been tangled up in politics for years. Teen Vogue. https://www.teenvogue.com/story/a-brief-history-of-black-hair-politics-and-discrimination

Sabino, P. (2021, August 15). Illinois schools can no longer ban cornrows, locs and braids – thanks to a west side mom who fought hair discrimination. Block Club Chicago. https://blockclubchicago.org/2021/08/13/illinois-schools-can-no-longer-ban-cornrows-locs-and-braids-thanks-to-a-west-side-mom-who-fought-hair-discrimination/

Stracqualursi, V. (2022, March 18). US House passes Crown Act that would ban race-based hair discrimination | CNN politics. CNN. https://www.cnn.com/2022/03/18/politics/house-vote-crown-act/index.html

Wamsley, L. (2018, December 27). Adults come under scrutiny after hs wrestler told to cut his dreadlocks or forfeit. NPR. https://www.npr.org/2018/12/27/680470933/after-h-s-wrestler-told-to-cut-his-dreadlocks-or-forfeit-adults-come-under-scrut

 

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