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Montana Attorney General Rules Critical Race Theory Violates Equal Protection
In Montana, the Superintendent of Schools asked the Montana Attorney General to provide information on legal aspects of teaching CRT.
The Attorney General’s reply was detailed and well thought out. He specified that aspects of CRT violated the Equal Protection Clause of the 14th Amendment to the US Constitution and Title VI, Article 2, Section 4 of the Civil Rights Act of 1964.
He briefly traced the history of race-related law back to James Madison, who said that government by consent “emerged because it is the only arrangement compatible with the premise of natural equality.” He continued with the statement from Justice John Marshall Harlan, “Our Constitution is colorblind, and neither knows nor tolerates classes among citizens.”
Colorblindness has been the prevailing thought in Supreme Court decisions through our history, from the Plessy v. Ferguson, 163 US 537, 559 (1896) decision, which influenced the outcome of the Brown v. Board of Education of Topeka Kansas case, 347, US 483 (1954) to the present.
The Attorney General mentioned that the purpose of the Equal Protection Clause of the 14th Amendment “…is to prevent the states from purposefully discriminating between individuals on the basis of race.” (Shaw v. Reno 509 US 630, 642 (1993)).
He continued, citing “The equal protection principle reflects our nation’s understanding that [racial] classifications ultimately have a destructive impact on the individual and our society.” Referring to the same case, Justice Antonin Scalia said, “in the eyes of the government, we are just one race here. It is American.” (Adarand Constructors, Inc v. Pena, 515 US 200, 239 (1995)).
Finally, he wrote that Title VI of the 1964 Civil Rights Act “…protects all students who attend institutions receiving federal funding from being treated differently based on their actual or perceived race, color, or national origin.” (42 USC § 2000d).
As he cited past case law, he applied the law to the current ideas of social justice, “CRT”, antiracism and equity which are being promoted in K-12 schools today across the nation including in BSD. He indicated that “antiracism” assigns negative characteristics to individuals based on their race/ethnicity.
Kendi, who is repeatedly referenced on the district website, stated that the only remedy to racist discrimination is antiracist discrimination. The only remedy to past discrimination is present discrimination. The only remedy to present discrimination is future discrimination. In other words, “antiracism,” as it is known today, demands race-based discrimination. This is illogical and illegal.