Vote on Alabama’s ‘divisive concepts’ bill results in divide along racial lines

Published 12:00 am Sunday, April 16, 2023

MONTGOMERY — A copycat bill that aims to prevent the teachings of “divisive concepts” in schools made its way out of Alabama’s House State Government Committee in a vote along racial lines.

House Bill 7, sponsored by Republican Rep. Ed Oliver, in part, defines divisive concepts as concepts that indicate “that solely by virtue of an individual’s race, color, religion, sex, ethnicity, or national origin, the individual is inherently racist, sexist, or oppressive, whether consciously or subconsciously.”

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The proposal is among bills nationwide that aim to combat teachings of critical race theory — typically taught in higher education institutes and indicates that the country’s criminal justice system, education system, labor and housing, etc. are embedded in racism through laws and regulations that have different outcomes based on race.

Oliver said a recent poll paid for by the state’s Republican Party indicated that the most important issue for Alabamians was protecting children from “woke politics” — first most important by Republicans and third most important by Democrats.

“Obviously, most of the folks in this state are concerned about what our kids are being taught,” Oliver said at the April 13 committee meeting. “This bill simply prevents the teaching of some divisive concepts, which we’ve discussed in great detail that we believe would tend to teach (kids) racist ideas. The divisive concepts themselves, I don’t think there’s any place for them in schools at all.”

According to Education Week, lawmakers in nearly 20 states have implemented legislation or restrictions that limit how teachers can discuss race topics since 2021. In Georgia, a similar bill signed into law in 2022 applies to public schools and charter schools — and subjects schools who don’t conform to suspensions of school waivers.

However, the Alabama proposal stretches to also apply to state agencies and public colleges, preventing the sharing of personal point of views on any divisive concept, and preventing public institutions from conditioning enrollment or attendance in a class, training or orientation solely on the basis of race or color.

The Alabama State Board of Education banned the teaching in public schools in 2021 via a resolution, although the concept was not taught in K-12 curriculum.

Robert White, a professor of social sciences at Alabama State University, said the bill represents a loss of objectivity and the rights to academic and intellectual freedom.

“We do have to shield and protect K-12, but to equate the reasoning and rationality of a third grader with that of a college student — assuming that a college student is no better equipped to defend against erroneous theories than a third grader — is absurd,” White said. “College students and third graders should not be lumped together, nor should we not talk about something because it upsets some people.”

A near identical bill, HB 312, passed along party lines in the Alabama House 65-32 in 2022, but did not make it to the Senate floor before the end of the 2022 legislative session.

According to HB 7, employees or contractors of a state agency, local board of education or public institution of higher education would not be prevented from responding to questions that are raised by participants in an orientation, course work or training, or that pertain to divisive concepts.

The bill also clarifies that it wouldn’t prohibit the teaching of topics or historical events in a “historically accurate context.”

John Eidsmoe, senior counsel for Foundation for Moral Law, spoke in support of the bill, specifically referencing the extension of the bill to state agencies.

“I’m convinced that (CRT) is dangerous, divisive and false, (and) that it’s contrary to the beliefs and values of most Alabamans,” Eidsome said. “Our schools and our agencies should not promote an ideology that teaches children to hate their ancestors, to be ashamed of their country, that divides parents and children from each other, and divides children from each other, and that indoctrinates people to define themselves by identity groups instead of as free and equal individuals created in the image of God.”

Becky Gerritson, executive director of the the lobbying group Eagle Forum of Alabama, said that while CRT is a college-level theory, she claimed that some tenants of CRT are being taught in K-12 schools.

“Some students, for example, are asked to participate in a ‘privilege walk’ or a ‘privilege circle,’ an activity where children are divided by or singled out by their race, their economic income level, their family makeup,” said Gerritson said. “Children are encouraged to view social interactions through the lens of race. Some are asked to apologize for their skin color. Concepts of CRT like these are dividing our children.”

Others spoke against the bill with statements emphasizing the added pressures the bill would put on teachers by restricting discussions on history, particularly with Alabama known as the birthplace of the civil rights movement.

Committee member Rep. Prince Chestnut, a Democrat, said there are still other several forms of divisiveness in the state and country including symbols of the Confederacy.

“My folks were enslaved. Slavery by its very nature was evil, it was sinister, it was divisive,” Chestnut, who is Black, said. “But there’s not a single person who will vote in favor of this today who’s going to say, take down the Confederate flag. There’s not going to be a single person who votes in favor this day who’s going to say that ‘You know what, there were some things that some of my ancestors did that were wrong. and you know what? It wasn’t me…And I do feel that it is part of my responsibility to do what’s right, right here right now going forward.’”

“What we’re doing here is we’re essentially telling a rape victim to get over it, move on, there’s nothing to see here,” Chestnut said. “That’s what we’re doing with this bill. This is a slap in the face to every decent, hard working Black Alabamian. It’s divisive that not a single white person on this committee is going to vote no against this bill.”

The committee voted 9-3 to advance the bill to the House floor for a vote. The three dissenting votes were from three Black committee members, all of whom are a Democrat.