California Judge Upholds Ban on Critical Race Theory in School Districts

The decision of Temecula Unified School District in California that bans the discussion of critical race theory in schools stands for now as Riverside County Superior Court issued its order last Friday.

A group of guardians and teachers asked the court to issue a preliminary injunction to block the policy of prohibiting the discussion of critical race theory, a framework discussed at some schools tackling racial inequality and racism found in American institutions.

The demand for an injunction comes with a lawsuit against the district last year, alleging that the ban was vague and violates California’s Constitution, which guarantees everyone’s right to an education that is “basically equivalent to that provided elsewhere throughout the state.”

According to Atty. Amanda Mangaser Savage, a lawyer for the parents, teachers, and students, the prohibition has already resulted in confusion among teachers about what they can discuss in class.

However, on Friday, Judge Eric Keen ruled in favor of the district, turning down the argument that the district’s policy was unclear.

In an eight-page order, Judge Keen highlighted that the board’s resolution sets out the specific portions of the critical race theory that can’t be taught.

“It seems clear to the court that a person of ordinary intelligence would have a reasonable opportunity to know what is prohibited as what is prohibited is set out specifically in the resolution,” wrote Keen.

In addition to this, Keen upheld the parental notification policy which requires district staff or schools to inform parents when their child demanded to be identified as a different gender or different name.

Transgender activists argue that this policy “force outing” the students and “could put them in dangerous situations.”

However, the judge emphasized that this policy is gender-neutral and “does not expressly single out transgender or gender-nonconforming students, as it applies to any student’s request to change their school official or unofficial records.”

The court battle started last December 2022, when school boards approved a resolution blocking the discussion of the divisive critical race theory.

The school district emphasized that the decision to ban the theory is to “uplift and unite students by not imposing the responsibility of historical transgressions of the past.”

The resolution also highlighted that critical race theory is ” an ideology based on false assumptions about the United States of America and its population.”

Moreover, schools in the district had not taught critical race theory before district officials prohibited its discussion.

The judge’s decision, despite temporary, marks a victory for conservative parents and school board members who signed these policies amid intense bullying from California Governor Gavin Newsom, activists, and media.

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