Virginia parents escalate critical race theory lawsuit against school board to higher court.
Parents Take School District to Appeals Court Over Critical Race Theory
Parents in Virginia are taking their fight against critical race theory to the appeals court, alleging numerous violations of the First Amendment. The lawsuit was initiated by five families from Albemarle County Public Schools after their children were subjected to a critical race theory pilot program that the district aimed to incorporate into all classes.
A Racist Policy at the Core
The lawsuit argues that the ongoing “anti-racism” policy in the county is fundamentally racist. According to Kate Anderson, Director of the Center for Parental Rights and Senior Counsel at the Alliance Defending Freedom, the policy teaches children that their skin color determines their achievements and privilege in life. Anderson further explains that children are being made to believe that they are personally responsible for racism or too affected by it to succeed.
One of the exercises imposed on the children involved lowering a finger each time an example of their “privilege” was mentioned. They were also required to write a “vision statement” on how they would be more anti-racist. Anderson argues that these activities promote the idea that silence is racism and that children must actively engage in anti-racist actions, aligning with critical theory ideology.
Multiple Violations Alleged
The parents and their children are alleging multiple violations of the First Amendment and parental rights, which they believe contradict Virginia’s Constitution. They argue that children should not be forced to define themselves and their future based on their skin color. Additionally, parents were not allowed to opt their children out of the program, making it even more challenging to challenge the ideology being infused into all aspects of learning.
Religious freedom violations are also claimed, as children are being taught that their peers are fundamentally different based on their skin color, contradicting the beliefs of Catholic families who believe in the equality of all individuals in the eyes of God. Another religious violation alleged is that children were taught that white Christians are the privileged oppressors.
Furthermore, teachers were trained to treat children differently based on their race, including in grading, which raises concerns about equal protection under the law.
Positive Outlook on Appeal
The case was initially dismissed by the lower court due to procedural issues, with the court ruling that the Virginia Constitution was not “self-executing.” However, the Alliance Defending Freedom and the families involved are optimistic about the appeal, believing that citizens should be able to bring claims under the state constitution to protect their constitutional rights.
A Program by Any Other Name
The pilot program, which heavily incorporates critical race theory, was introduced at Henley Middle School in 2019. However, the school district attempted to distance itself from the divisive theory by using the term “culturally responsive teaching” instead of “CRT.” Despite this rebranding, the program still draws from critical race theory sources, including Glenn Singleton’s “Courageous Conversations” and Ibram X. Kendi.
The school district declined to comment on the ongoing legal matter but argued in court responses that the parents and children lack standing to sue and that the district is protected by sovereign immunity.
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