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ABA Takes a Stance Against Laws Restricting Teaching on Race and Gender

published February 05, 2024

By Author - LawCrossing
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( 4 votes, average: 4.8 out of 5)
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ABA Takes a Stance Against Laws Restricting Teaching on Race and Gender

In a pivotal move, the American Bar Association's policymaking body is set to make a public declaration on Monday opposing laws that impede teaching race and gender-related subjects, along with restrictions on books covering these topics. This development follows the submission of a resolution by nearly a dozen ABA entities denouncing any federal, state, or local laws that limit the inclusion of studies on the experiences, roles, and contributions of individuals or groups based on race, gender identity, sexual orientation, or religion.
 

 Resolution Against Restrictive Laws
 
The proposed resolution, submitted to the ABA's House of Delegates, takes a firm stance against laws or policies that hinder teaching diverse perspectives and contributions. It also opposes any books or school resource restrictions addressing these crucial subjects. The House is scheduled to vote on this resolution on the final day of the ABA's Midyear meeting in Louisville, Kentucky.
 
 Threats to Educational Freedom
 
According to a report by the resolution's sponsors, efforts by lawmakers nationwide to limit the teaching of race pose a threat to students' freedom to learn and receive a comprehensive, truthful education. The report argues that these bans deprive students of the necessary tools to navigate and address future societal issues. Moreover, such restrictions deny students a sense of belonging from seeing their history reflected in their education.
 
 Targeting Specific Legislation
 
The resolution's supporters expressly point to Florida's 2022 Stop WOKE Act, which prohibits classroom discussions on race. This law, currently under a temporary injunction amid First Amendment challenges, is criticized for effectively curtailing any conversation about slavery or historical marginalization. Similar bans have recently gained traction in various states and localities.
 
 Countering Arguments
 
Opponents of teaching about racism argue that it fosters division among students and makes them uncomfortable. However, the ABA report counters that laws aimed at avoiding discussions of systemic racism are eliminating any meaningful conversation about race in the classroom. The report emphasizes that curricular bans threaten a child's right to an honest and quality education and deprive them of the tools needed to make informed decisions as adults participating in the democratic process.
 
 Additional Consideration on Free Speech Policies
 
In a related matter, the ABA's House of Delegates is also set to consider final approval of a new law school accreditation rule. This rule mandates campuses to adopt free speech policies that encourage and support the free expression of ideas. This further underscores the ABA's commitment to fostering an educational environment that promotes open dialogue and diverse perspectives.

published February 05, 2024

By Author - LawCrossing
( 4 votes, average: 4.8 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.