Trending
CHARLESTON -- Lawmakers on a West Virginia House of Delegates committee took up a bill that caused controversy last session regarding issues of race and history.
The House Education Committee recommended Senate Bill 130, the Anti-Racism Act, for passage, sending the bill to the House Judiciary Committee. The committee vote was 21-3 with the committee's three Democratic members all no votes.
SB 130 would prohibit the teaching that one race is morally or intellectually superior or inferior to another; or that one race is inherently racist either consciously or unconsciously in West Virginia K-12 public schools.
The bill prohibits teaching that an individual's moral character is derived from their racial identity or that they bear responsibility for actions committed by those of similar racial backgrounds. It includes protections for free speech, historical discussion and academic freedom under certain circumstances as long as alternative theories are discussed. It also includes a complaint and appeal process for students, parents, and staff to report violations of the provisions of the bill.
Schools and county board of education officials would be prohibited from compelling students and staff to adopt any belief or concept that one race, sex, ethnicity, religion, or national origin is inherently superior or inferior to another.
"I believe this is an honest effort to preclude the type of efforts to divide us into groups that can then be pitted against us," said Del. Bill Ridenour, R-Jefferson. "This is a bill that will help bring us together and keep us from being pitted against each other either as races, ethnicities, or religions, and we can address those issues in the future."
The committee's two black lawmakers - House Education Committee Minority Chairman Sean Hornbuckle, D-Cabell, and Del. Danielle Walker, D-Monongalia, spoke against the bill.
"In this bill on anti-racism, what are we doing for minority groups and marginalized folks? It doesn't seem like that is what this bill is about," Hornbuckle said. "You have the ability to vote these bills up or down, but at least have the common courtesy to title it something that speaks to what the contents are … maybe this is about ideology or political favors and things like that to get the base riled up."
"The title of this bill can be misleading," Walker said. "Race is not just black and white … it goes far beyond. Until we can be uncomfortable and stand strong and honestly about the definition of racism and who exactly is a racist or can be a racist or not, discriminate or not and what those actions are and not enter things into this bill such as cultural competency, I will always be a no vote."
The state Senate passed the bill on the first day of the 2023 legislative session Jan. 11, suspending the state constitutional rules that require bills be read on three separate day. It's based on a similar bill - Senate Bill 498 - that nearly passed both chambers during the 2022 legislative session only to die after midnight on the last day of the session when the Senate went over the deadline when it concurred with changes the House made to the bill.
SB 130 prohibits the teaching and discussion of specific racial and non-discrimination topics often categorized under the name critical race theory, or CRT. PEN America, a free speech advocacy organization, labels these kinds of bills "educational gag orders." According to PEN America, there have been 193 bills introduced in state legislatures since 2021, with 15 states with an educational gag order law for public schools.